Land


#1

My husband and I are seperated. Our land is in both names. He is filing bankruptcy. Does this effect the land?


#2

Land other than your principal residence is not exempt from bankruptcy. If you and your spouse own the land as tenants by the entirety and you are not filing for bankruptcy, the land cannot be seized, if however, you and your spouse own the land as tenants in common your husband’s share is not exempt.


#3

Can you explain “owning the land by the entirety” vs "owning the land in common?


#4

Sure, married persons in North Carolina enjoy a special type of ownership interest in land, whereby they each own 100%, in other words, the land cannot be sold, or encumbered without the joinder of the other party. Further, tenants by the entirety enjoy a right of survivorship and the land transfers to them automatically upon the death of the other spouse.

Tenants in common on the other hand, each own a % of the property, and can transfer their interest, encumber their portion, or have the court partition the land.