Legal Question in Real Estate Law in North Carolina
Surviorship deeds, changes after divorce
My father , myself and (now) ex-husband are all equal owners in our north carolina house. Since my divorce, my father would like to make sure my ex does not recieve his one -third portion upon his death. Can he transfer his portion to me now? what else could he or I do to prevent my exhusband from inheriting a home my father financially paid for 50%? This was not part of the divorce settlement and My dad wants to make sure my ex does not have more than a third after his death. Is this possible?
2 Answers from Attorneys
Re: Surviorship deeds, changes after divorce
Your inquiry was forwarded to me. Since I am licensed only in PA and NJ, I can't really advise you about this, but I urge you to immediately consult with a North Caroline lawyer who concentrates his/her practice on real estate matters. Names may be obtained through the county bar association where the property is located.
Re: Surviorship deeds, changes after divorce
You do not say how the title reads - tenants in common or joint tenants with right of survivorship. This answer is critical to how you should proceed. If tenenats in common, all your father need do is make a Will leaving his share to you alone. Your "x" would not have a right to contest this, as it would be an inheritance. If joint tenants with right of survivorship, you will need a new Deed, that your "x" would have to sign, allowing your father to give his share to you. This should have been covered by your divorce and if not, could create complications if the title is held jointly. Your "x" could refuse to sign, so he would get 1/2 of your father's share. This may require going back to court to resolve.
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