North Carolina Agreement to Partition Community Property Creating Joint Tenancy with Right of Survivorship

State:
Multi-State
Control #:
US-OG-048
Format:
Word; 
Rich Text
Instant download

Description

In some community property states (notably Texas), it is now permissible for a husband and wife to partition community property to create different forms of ownership. This agreement, which contains words of grant, serves to partition community property interest and create a joint tenancy with right of survivorship as to each partys partitioned interest.

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FAQ

§ 41-58. (a) Spouses shall have an equal right to the control, use, possession, and income from property held by them as tenants by the entirety.

It must be filed with the Clerk of Court in the Superior Court division of the county (or one of the counties) where the real estate is located. The Clerk will act as the judge in the case and will appoint at least three neutral parties called commissioners to oversee the property's division.

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?

Disadvantages of joint tenants with right of survivorship JTWROS accounts involving real estate may require all owners to consent to selling the property. Frozen bank accounts. In some cases, the probate court can freeze bank accounts until the estate is settled.

North Carolina recognizes joint tenancy with right of survivorship as a common form of joint ownership for non-spouses. This form allows multiple people or entities to own a title interest to the property, and comes with various rights and responsibilities.

Joint Ownership Joint tenancy. Property owned in joint tenancy automatically passes to the surviving owners when one owner dies. No probate is necessary. Joint tenancy often works well when couples (married or not) acquire real estate, vehicles, bank accounts or other valuable property together.

For a joint tenancy to exist, the ?four unities? must be present: unity of title, time, in-? terest and possession. This means in effect that joint tenants must acquire their in-? terests at the same time through the same document, hold equal interests, and have an equal right to possession of all the land.

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North Carolina Agreement to Partition Community Property Creating Joint Tenancy with Right of Survivorship