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North Carolina Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for North Carolina on
Q: In NC, if someone owns their home, before getting married. After getting married, are they tenants in common or entire?

I wanted to know if a single person owns their own home and a year or two later, they meet someone and get married. Are they considered tenants in common or tenants by the entirety?

Ben Corcoran
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Ben Corcoran
answered on Oct 23, 2023

The person who owned the home prior to the marriage still is the sole owner, however, the spouse gains the right to claim a life estate on the house should the owner die.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Without selling, if my spouse is on the mortgage and wants to separate, what is the my advantageous routes of action?
Ben Corcoran
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Ben Corcoran
answered on Oct 2, 2023

You can request that the bank remove the spouse but it will probably not happen until after the ownership is transferred into your name.

1 Answer | Asked in Real Estate Law, Civil Litigation and Probate for North Carolina on
Q: Father in law passed away and my wife and I are listed as Joint tenants with full right of survivorship.

My wife’s brother is the executor of the will. We are selling the house that I am making the mortgage payments on. The mortgage is in my father in laws name and the executor is demanding that all proceeds go into the deceased estate and he is entitled to 1/3 after he settles the estate using the... View More

Anthony M. Avery
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answered on Sep 22, 2023

You will need to post this under Florida real estate law.

1 Answer | Asked in Contracts, Real Estate Law and Civil Litigation for North Carolina on
Q: There's a discrepancy between what my lease requires me to pay and what I'm asked to pay, and I need advice.

My lease implies that electricity is not paid for directly by the tenant (in the utility addendum, electricity is not checked off, whereas the other utilities that I do have to pay are. Further, the "Special Provisions" section of that addendum reads, "If electric account rolls to... View More

Ben Corcoran
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Ben Corcoran
answered on Aug 21, 2023

Hire an attorney to review your lease in full and they can give you specific advice.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for North Carolina on
Q: How do you sue a landlord for wrongful eviction in Mecklenburg County?

About $20,000 of business property has been removed from my rental space. I’m late on my July rent and only received a notice from the landlord’s attorney about paying the past due amount. A formal criminal police report was filed on 8/20/2023.

Ben Corcoran
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Ben Corcoran
answered on Aug 21, 2023

Hire an attorney; this amount is too large for small claims court, and I would not recommend representing yourself in district court.

1 Answer | Asked in Criminal Law, Family Law, Real Estate Law and Elder Law for North Carolina on
Q: My father has dementia and my brother got him to sign a power of attorney. My brother has know claimed all his property.

Not legally as I have the deeds. Father is alive, Mother deceased. He is claiming squatters rights that he's living with my father over 2 months. Some lawyer told him can claim the property? Is this legal?

I have the deeds as my brother is an ex-con.

Ben Corcoran
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Ben Corcoran
answered on Aug 17, 2023

You probably need to get an attorney to look at everything.

The physical deeds are just pieces of paper the only thing that matters is what is recorded in the register of deeds.

1 Answer | Asked in Consumer Law, Contracts and Real Estate Law for North Carolina on
Q: What type of lawyer is needed to fight Living in unhealthy unhabitable living conditions with disabled son

I don't live in public housing and it's continued for 3yrs and 2 violations

Tim Akpinar
Tim Akpinar
answered on Jul 19, 2023

A North Carolina attorney could advise best, but your question remains open for a week. It would be a landlord-tenant attorney. There is a section here for that area of practice. Although not every question here is ultimately picked up, you could repost and add L-T as a category. Good luck

1 Answer | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: My stepfather didn't put the house in a trust. Do I inherit the house even if the stepsister never lived here?

I'm in North Carolina, and the state only recognizes biological and adopted children unless otherwise noted on a will or trust. My stepfather's daughter lives out of state and has never lived here. The only time she ever visited was to ask for money. I find it worrisome that the... View More

Ben Corcoran
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Ben Corcoran
answered on Jul 5, 2023

Take all the documents to a local lawyer and get their opinion. This question cannot be answered without a full understanding of all the facts and a review of the documents.

1 Answer | Asked in Contracts and Real Estate Law for North Carolina on
Q: Is a purchase agreement to sell legally binding if the owners did not sign but the spouse did (whose name isn't on it)
Ben Corcoran
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Ben Corcoran
answered on Jul 5, 2023

It is only binding on the parties who actually signed the document.

1 Answer | Asked in Real Estate Law and Legal Malpractice for North Carolina on
Q: What is considered attorney malpractice in terms of real estate closings?

The attorney handling the sale of a purchase of a home in another state neglected to provide in a timely manner the wiring information needed to close on the sale of the home. He refused to accept a certified bank check. Our bank would not wire funds unless it was done in person, so not over the... View More

Ben Corcoran
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Ben Corcoran
answered on Jul 3, 2023

It likely did not rise to the level of malpractice. However, it would likely be enough to collect any amount directly tied to the issue from the lawyer. I would start by asking the lawyer directly and escalate from there.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: I have been sharing a well since 1985. I have never had any problems with the previous owner., which has always rented .

The new property owner has turned water off. Do I have any rights

Ben Corcoran
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Ben Corcoran
answered on Jul 3, 2023

Your rights depend on whether or not you had a formal lease in place, if you did not then your rights are pretty minimal. It would likely cover them not turning off the water without notice, but not much beyond that.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for North Carolina on
Q: I've had 2 vehicles in my yard for over a month. 1 does not run and doesn't have rear tires.

Is it legal or possible in NC to take ownership of vehicle so repairs can be made? The vehicles also need to be inspected, have insurance put on them, and tags and registration.

Ben Corcoran
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Ben Corcoran
answered on Jul 3, 2023

You can apply for an abandoned vehicle title, this is done either by filling out the form found online or going to your local DMV office. It will take some time but is possible.

1 Answer | Asked in Contracts and Real Estate Law for North Carolina on
Q: Builder did not disclose that new HOA mgmt co would charge us fees for submitting requests, says unaware. Is this legal?

When we signed our contract there was nothing in there about additional HOA fees charged by management companies for submitting requests. We were only told about dues and other fees. Now they have handed it over to mgmt co who charges for requests and when I emailed the builder they said they... View More

Ben Corcoran
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Ben Corcoran
answered on Jun 29, 2023

I would advise that the HOA hire an attorney to review the situation. There are too many unknown facts to be able to give you the answers you are looking for.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: What is the Inheritance tax on real property laws in Puerto Rico for non residents?

I inherited a house in Puerto Rico from my mom after her passing. She was a resident of PR but I am not. What % do I have to pay for taxes? Is that percent on the net gains?

Can I reduce the tax by including improvements and mortgage payments that I made after her death?

Thank you!

Nancy

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Jun 27, 2023

While there are probably some attorneys barred in NC and Puerto Rico, there are not many. You will get much better advice posting this on the Puerto Rico portion of this page if one exists.

1 Answer | Asked in Real Estate Law, Family Law and Adoption for North Carolina on
Q: I was adopted and my adopted parents are now both deceased am I entitled to the home and land

My adopted dad signed over the house and land to my sister which was his biological child and she didn't even tell me that my dad passed away and she told family it was because she didn't want to have to go through anything with me for the home and land is there anything I can do

Ben Corcoran
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Ben Corcoran
answered on Jun 22, 2023

If your dad was of sound mind when he did this, then there is little you can do. If it was done using a power of attorney, then the transfer is presumed void. You should probably pay for a consultation with an attorney to see what they think of this before proceeding.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: My mother passed away before making a will. She has house & land in her name. How do I get that in my name to sell?

My sister and I would like to sell the property, but we aren’t sure how to get it in our name. My mother was married to our father when she deceased, but his name isn’t listed on the deed. (They were married for 16 years, then they divorced and she purchased property… then remarried 20 years... View More

Ben Corcoran
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Ben Corcoran
answered on Jun 22, 2023

Right now, based on your fact pattern, the house is owned by your father, your sister, and you. Even though there is no deed stating as much, that is still the case. You should be able to sell the property, but all three people and their spouses will have to sign the new deed.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: I had documents submitted to a lawyer for registration so I though. But CRIM cant find it please advise of what to do?

I can seem to get any answers and CRIM saying that they can't locate property anywhere. What should I do? I am in US

Anthony M. Avery
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answered on Jun 7, 2023

Hire a competent NC attorney today to search the title for that street address, parcel number, and what you thought was the grantor's name. Contact your lawyer, in person if possible, and find out where that Deed went. Litigation may be required.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for North Carolina on
Q: Can our landlord coming to our rental every single day to use our water and invade our privacy?

we are private people. I don't want this guy to come to my house every day and use our water and water the grass and our flowers?? I am so very unvomnfortable. Do I have any rights?

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Jun 7, 2023

While the landlord is allowed to inspect the property, they are not supposed to use the property while you possess it via the lease. I would have to review the lease to ensure it is not allowed, but I don't think they should do this.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Raleigh, NC landscape ownership question

We live in Raleigh, NC and are considering building a permanent Hardscape staircase that will evenly straddle the property line between our home and our next door neighbor’s. We are concerned about potential issues regarding ownership of this structure in the event that one party sells their... View More

Anthony M. Avery
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answered on Jun 5, 2023

If the staircase will encroach on the adjoining owner, then hire a NC attorney to draft a Joint Permanent Use Easement to be agreed upon and recorded. Without that , do not build it or you will be sued, and your title will be clouded. But are you sure it will encroach? A survey might discover... View More

1 Answer | Asked in Divorce and Real Estate Law for North Carolina on
Q: I have land in North Carolina that was gift deeded to only me when married.Does my husband have any legal claim to it ?
Ben Corcoran
PREMIUM
Ben Corcoran
answered on May 18, 2023

Without seeing the deed it is hard to know for sure, but he does not likely have any real claim to it.

Generally speaking, should you die before him, he can assert some claims under NC law and he would have to sign any deed should you sell the property. And in a divorce, his claims would...
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