Legal Question in Real Estate Law in North Carolina

Tenants in Common/Tenants by entirety

My fiance and I currently own our home as tenants in common 50/50. I am facing a potential judgment this summer as a result of civil case. In the case the plaintiffs do prevail what is any of my equity can they come after, is any protected by homestead laws? Most importantly, if they put a lien on my percentage ownership while we are tenants in common and we get married and switch to tenants by entirety does that lien come off the house?


Asked on 2/25/09, 9:50 am

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

Re: Tenants in Common/Tenants by entirety

I think the answer to the 2nd part is no. You need to get married and change the deed before the judgment. Try to delay the outcome of the case or move up the wedding. They could try to argue that you fraudulently transferred the property to avoid the potential judgment but that would require research. Of course, you would seem to hav a decent argument that it was a normal thing to do when you get married.

- Jeff

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Answered on 2/25/09, 10:56 am


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