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Ask rvlaw Your Own Question
rvlaw, Attorney-Therapist Mediator
Category: Family Law
Satisfied Customers: 8386
Experience:  Attorney-Therapist Mediator for CA Divorce Mediation Center; over 30 years private practice in NYC.
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I own property in NC. and i have owned it prior to getting ...

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I own property in NC. and i have owned it prior to getting married in 2006. My ? Is my wife entitled to sole ownership of this property upon my death ,if her name is XXXXX XXXXX the deed? If we own the property jointly and the property was sold after my death would she have total control of the assets of the sale of this property? I would like those assets to be divided equally between her and my three children


A couple of scenearios. If you make a will, you can bequest the house as you indicated...among your wife and three children in whatever percentages you desire.

If you die without a will, then the NC law takes over and yields the following:

If the decedent is survived by two or more children, the surviving spouse gets an undivided one-third interest in the real property of intestate estate, plus the first $30,000 of personal property and one-third of the remaining personal property in the intestate estate. And the children get the balance of real and personal property.


Customer: replied 8 years ago.
Reply to rvlaw's Post: You have not answered my ? about joint ownership or sole ownershi of the property

Yes I have. You are the sole owner up to the point of your death, unless you change title to both of you during your life. If, at the time of your death, you remain the sole titled owner...then who inherits is dependent , as I indicated. on what you do in a will or what occurs by law with the property if you have no will. Can I help further? I trust that is clear now.


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