Legal Question in Real Estate Law in North Carolina
jointly held property.
property my husband and i own now was held for years just by my husband. he had a will made leaving that to his four kids.
Land was put in both of our names five years ago for legal purposes.
If he dies is this land mine or will it have to be split with his four kids.
i think he needs a new will. he says since my name is on the deed with his that it will go directly to me and not any thing to his kids.
1 Answer from Attorneys
Re: jointly held property.
An attorney would need to see the deed to give a definitive answer. If you and your husband's name is on the deed - then generally he is correct and the property would pass to you upon his death without going through the will. If the deed says as tenants in common or if you get divorced in the future, then you will own 50% of the property and your husband's heir would get 50%.
These are just general rules. To answer your specific fact question, you would need to show a copy of the deed to a qualified attorney to make sure the facts are as you state them.
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