Question Details:I have been in this home for nearly 7 years. My husband died almost 3 years ago. His name only was on the deed, both of our names were on the note. What are my legal rights of ownership, if any?
I am so sorry for your loss. Did your husband have a Will? If not then the Intestate Succession Statutes in North Carolina will govern how his estate is distributed. May I ask, did you purchase the home together? What does the note say? I would suggest that you seek legal consultation on this in your area.
You have a right to share in your husband's estate. If the deceased is survived by a spouse, but there are no surviving children or parents, all of the real and personal property goes to the spouse. If the deceased is survived by one or both parents and a spouse the first $50,000 of the personal property goes to the Spouse. Onehalf of the remaining property goes to the spouse and the other half to the parents. If the deceased is survived by a spouse and one child or grandchild the first $30,000 of personal property goes to the Spouse. Onehalf of the remaining property goes to the spouse and the other half to the child or grandchild. If the deceased is survived by a spouse and two or more children or grandchildren the spouse receives the first $30,000 of the personal property. Onethird of the remaining property goes to the spouse and twothirds go to the children or grandchildren. If the deceased died either single or widowed and is survived by children or grandchildren all property (both real and personal) go to the children or the children's children. If the deceased died single or widowed and is survived by parents but by no children, all property (both real and personal) goes to the parents. If the deceased is survived by siblings, but not by a spouse, children, grandchildren or parents, all property (both real and personal) goes to the deceased's siblings or the sibling's children. If the deceased is not survived by a spouse, children, grandchildren, parents, siblings, nieces or nephews, then onehalf of the estate goes to the paternal grandparents, but if none are surviving then to paternal uncles, aunts or their children and the other half goes to the maternal grandparents, but if none are surviving, then to Maternal Uncles, Aunts or their decedents. If there is a party on one side that can inherit but no one on the other side, that party shall inherit it all. If the deceased is not survived by any of the above, the estate goes to the State who uses the estate's proceeds to help North Carolina residents who are students of higher education at a North Carolina school.
If your husband died without a will, and the property was in his name only, you should be the owner of 1/2 of the home. Are there any children? I suggest that you Look at NC succession statute Section 29, specifically 29-14. This section contains all the scenarios as to what your shares in the home including other property is. I do not have enough information to provide you with a definitive answer because I do not know whether you have kids or grand kids or none. I suggest that you immediately hire a lawyer to determine your interest and draft up the necessary documents to effectuate the distribution of assets here.