It depends on how the title was held. If you owned as tenants in common, her share would be passed down to her heir. If the two of you owned as joint tenants with right of survivorship, you would, by operation of law, absorb her portion at her death. A real estate attorney could look at the dead...Read more »
The proceeds from my current house (100% mine) plus $300k of my savings are going into the new home. We are taking out a $200k mortgage in both of our names. Will all this be 50/50 after we get married?
Presumptively, yes, it's 50/50 regardless of title, but the presumption is everything ok enjoy stronger if the house is titled jointly, aynd the mortgage holder will insist that it's titled jointly. You can, however, have an attorney prepare a marital agreement that says otherwise and gives you...Read more »
You could check with the North Carolina Bar Association’s lawyer referral service. You could tell them you are looking for a property and casualty lawyer (possibly business-related based on your terms).
The other children want the one in the house to either buy them out of the house or to pay them rent. What is the best course of action since the child in the house refused to do either? At this point, the desire is for the child to move out so the house can be sold.
Hire an attorney to file a petition to partition the property. Family law attorneys are more likely to be aware of this type of claim. its an action before the clerk of court to handle this exact situation that will likely result in either a settlement of one party buying the other's interest or a...Read more »
An estate file is the collection of documents filed with the Clerk of Court (in the city in which the deceased individual lived or owned real estate) in reference to the administration or probate of the deceased person's estate. These files are kept in a separate area from civil or criminal files....Read more »
My husband passed away in 2018 in Colorado. He had a will that was prepared in Colorado that I have not submitted for probate. Now I’m ready to sell the house in NC. Do I have to probate the will first, or is his will sufficient?
It depends on how you and your late husband owned the house. If you held title as, for example, "A and B, husband and wife, as joint tenants with right of survivorship and not as tenants in common", you will not have to probate your husband's Will just to sell that property. The joint tenancy...Read more »
My Grandmother inherited some land many years ago. She gave the land to my father (never wanted his name on the deed) and now both of them have decided to pass it to me. I would like to be listed on the deed as a CoOwner.
My grandmother owns property downtown, but passed away. She told me that after I finish school, she would give me the lease and do whatever I seem fit with it, but currently someone is leasing the property. She passed before she could put it in writing and one of her kids might want to take over... Read more »
Chances are pretty slim that you'll be able to do anything about it. In North Carolina, conveyances of real property have to be in writing in order to be effective, with some limited exceptions. To get a definitive answer this question you should contact a lawyer with experience in real property...Read more »
First, let me state that you should absolutely consult a competent and experienced real estate attorney in order to get certainty on this matter surrounding your particular deed and circumstances. My recollection from law school is that generally someone with a joint tenancy with rights of...Read more »
Ex wife's aunt and uncle passed on with no will or children. They have custody papers for my ex as they raised her. But they never adopted her. After she left I continued to live on the property for nearly 2 years until they passed away. It's been 1 year since both passed and I still live on the... Read more »
We are interested in a new home, but need to sell our current home 1st. Builder offered us 100k to pay off our home(we owe 83k) so that we can get the loan to buy the house he’s building. We would still have to sell our current home within 1 year, and give him 100k plus 3900 when ours sells, or... Read more »
Her name is on the deed under my father's for the condo. He purchased the condo directly from his retirement account so he did pay for it himself. She is under the impression that it's hers now and she wants to sell it and leave us with nothing from the condo.
As it stands right now, you are both owners and both are therefore liable for the ongoing maintenance fees. If you don't want it, you could offer it to your ex-wife. In many cases I've had, I usually help communicate with the ex-spouse to determine who will take ownership. In the alternative, I've...Read more »
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