North Carolina recognizes joint tenancy with right of survivorship as a common form of joint ownership for non-spouses.
To challenge the right of survivorship, the party contesting the right must file a lawsuit and prove their case in court with the help of a lawyer.
In most states, you can ensure the right of survivorship for all joint tenants by including JTWROS on the title after your names. However, if you already own a property and want to transfer partial ownership to another party, you can use a Survivorship Deed to establish the right of survivorship.
Joint tenancy is most common among married couples because it helps property owners avoid probate. Without joint tenancy, a spouse would have to wait for their partner's Last Will to go through a legal review process—which can take months or even years.
Historically, the common law required that in order for a joint tenancy to be created, the co-owners must share the “four unities” of (1) time – the property interest must be acquired by both tenants at the same time; (2) title - both tenants must have the same title to the property in the deed; (3) interest - both ...
(a) Unless a contrary intention is expressed in the conveyance, a conveyance of real property, or any interest in real property, to spouses vests title in them as tenants by the entirety when the conveyance is to one of the following: (1) A named man "and wife." (2) A named woman "and husband." (3) A named individual " ...
Lastly, tenancy-in-common is an ownership for non-spouses where, unlike joint tenancy, when one co-owner dies, their share passes via their Will or the North Carolina Intestate Succession Act. How do clients find themselves as co-owners of real estate?
If multiple people hold title under tenancy in common, this means that each individual can choose to sell their ownership interests in the property at any time. Unlike with joint tenancy, a tenancy in common agreement allows for multiple owners to own different percentages of the entire property.
Joint tenancy property passes to the surviving joint tenant and no one else, no matter what you do. If it is your intent to leave your property to your spouse and then to your children, joint tenancy is not for you.
Joint Tenants in North Carolina North Carolina recognizes joint tenancy with right of survivorship as a common form of joint ownership for non-spouses.