Charlotte, NC asked in Divorce and Estate Planning for North Carolina

Q: Divorced 2 years ago, wife awarded home in divorce -she never took the house out of my name-she died…no will. Is it stil

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2 Lawyer Answers
Ben Corcoran
Ben Corcoran
PREMIUM
Answered
  • Estate Planning Lawyer
  • Yadkinville, NC
  • Licensed in North Carolina

A: Without seeing the divorce decree and your deed I cannot give specific advice. You and your ex-wife likely owned the land in tenancy by the entireties in the deed. And when the divorce was finalized that was automatically converted into tenants in common. So you may be a 50% owner of the property with the remaining 50% being owned by your ex's heirs.

Speak with a local lawyer and bring them all the relevant documents so they can give you a better answer to this question.

Mr. Albert Loch Saslow agrees with this answer

David Allan King
David Allan King
Answered
  • Raleigh, NC
  • Licensed in North Carolina

A: I would expect the executor of the estate to enforce the divorce judgment on the decedent's behalf. Typically, the executor is allowed to all things the executor would be allowed to do, were they still alive.

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