Last Will and Testament

If the house is deeded in both of your names and your spouse dies then the property would go to you and vice versa.

I hope that the two of you have an agreement regarding selling the house. Now that your divorce is final you will be unable to petitition the court for assistance if you cannot reach an agreement on this matter.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax


The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

The divorce is final and the only thing left is the selling of the martial residence. What could happen is one exspouse dies and leaves a will stating that their part of the home or proceeds left to their family member, or does not have a will? Does the other exspouse automatically acuire because they also own the residence[?]