Legal Question in Real Estate Law in North Carolina

Joint property with death of one of the owners / How divided?

I own property in Wilson, NC that is jointly owned with my three sisters. One of them recently passed away leaving no will. She has a husband but no children. My question is does her share get divided up amongst the remaining sisters with ownership or does it go to her husband entirely or does her share get divided up amongst all the brothers & sisters in our family that currently have no ownership?


Asked on 3/13/04, 6:06 pm

1 Answer from Attorneys
Jeff Rosner Rosner Law Firm P.A.

Re: Joint property with death of one of the owners / How divided?

It depends on how the property is titled. What does the deed say? Typically, in the situation you described, all owners would be tenants in common each owning 1/4th undivided interest. When your sister passed away without a will, then it would go to her heirs under the laws of intestacy.

On the other hand, if you owned the property with rights of survivorship, then it could go to the remaining owners.

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Answered on 3/15/04, 8:39 am


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