Crazy Facts- Tenant in Common Issues

[Laura Espaillat]

My question involves real estate located in the State of: North Carolina

P - Plaintiff
D- Deceased
DF- Defendant

Hello everyone, here are the facts:
- DF and D were in a romantic relationship. D asked DF to move in order for DF to provide companionship to D. DF does so.
- DF wants to buy a home, DF obtains bank loan to do to. D tells DF not to do that. That D will provide money in cash to pay for DFs new home. In order to do that D puts himself and DF on the deed as tenants in common. D tells DF that the home is DF's. D never lives in the home. D states that once D is dead, home will solely be DF's.
- P is D's child. P comes to D's home, does not like that DF is living with D. DF becomes uncomfortable, tells D that DF is going to live in home D purchased for DF until D can resolve problems with P.
- D dies.
- DF resides in home for 11 years.
- P now wants to petition to partition the property or have it sold.
- D contends that P does not own property because D intended for it to only be DF's.
- D contends that P has no ownership interest in property.
- P contends that they own a half interested, inherited through D's death.

What do you all think? Can D keep their home?

[Frank Chin]

I don't know the laws of your state.

I once bought an property with my sister, with the deed in my name and hers tenants in common. I was married, so is she with a husband and grandchildren. We decided that if something happens to me, she is to get my half and visa versa. Normally, with tenants in common, my wife inherits my half if I die first, and my sister's husband would inherit hers or her children if he dies. Our spouses are OK with it.

So we had it done as "tenants in common with right of survivorship", on the deed, and each of us inherit the others half on death. If the laws of your state is the same, the survivor of the tenant in common inherits. If not, you only got half. So it depends on how the deed was written.