Gastonia, NC asked in Real Estate Law, Estate Planning and Probate for North Carolina

Q: If ex husband dies and current wife lives in home co owned by me and ex. What rights will new wife have regarding house

1 Lawyer Answer
Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
Answered
  • Greensboro, NC
  • Licensed in North Carolina

A: The answer to that depends on the terms (or lack thereof) of your ex-spouse's will. He could have bequeathed his interest in the property to his new wife, in which case both you and she will own a 50% interest. If he died without a will, his interest in the property will pass pursuant to law, and the new wife should receive a portion (with the exact number dependent on whether he had any kids).

An attorney on this site isn't going to be able to give you a clear answer, so you will need to consult with a local attorney for a better answer.

Ben Corcoran agrees with this answer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.