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
  • 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

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