When two or more people purchase property together, there are three ways that the title can be held. Knowing the implications of each form of ownership will help you decide how to write your deed.

"Tenancy by the entireties" is reserved exclusively for married people. Both husband and wife own an undivided interest in the property. On the death of one party, the surviving spouse owns the entire property and no probate will be necessary. When unmarried persons buy a home together, they should seek legal advice regarding how title should be held. As "tenants in common" each party owns a percentage interest in the property. On the death of one party his or her interest does not go to the surviving owner but is distributed in accordance with the will of the deceased, whose estate must be probated. As "joint tenants" each party owns an undivided, equal interest that passes automatically to the surviving joint tenant. Probate is not necessary if the deed reads "joint tenants with rights of survivorship".

It is important to know that in most courts, if a deed is written without specification of how title is held, the property is titled as "tenants in common."

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Joyce Barnwell
Intracoastal Realty
1206 N. Lake Park Blvd.
Carolina Beach, NC 28428
Tel: 910-617-7654
Fax: 910-458-7759
Email: joycebarnwell@NUMBER1EXPERT.com

Residing in the peaceful coastal community of Carolina Beach, I’m a licensed North Carolina Realtor with over 30 years real estate experience and 20 years owning my own real estate company, faithfully serving the unique real estate needs of buyers, sellers and investors. I specialize in the listing and selling of residential pre-existing homes, newly constructed homes, waterfront property, golf course property, investment property, condos and duplexes as well as lots for sale in and around North Carolina’s New Hanover County coastal communities of Wilmington, Carolina Beach, Kure Beach, Wrightsville Beach and Figure Eight. Thanks again for visiting my site and don’t hesitate to call me direct at 877-617-7654.