Need to keep both names on the Deed

My wife and I have been separated for almost a year. I am preparing to move forward on a divorce. Without going into the details of why for purposes of this question, we have reason to keep the house we purchased together in both names (both names on the deed) and not sell or quitclaim the house. We owned the house together before we married but wanted to make sure that keeping the house in both names after we divorce is not a problem in any legal sense.

You can continue to own a house in joint names of Husband and Wife even after a divorce. Your ownership will be tenancy in common rather than a tenancy by the entirety. For a tenancy in common, if one of you dies, your ownership will be transferred to your heirs and not automatically to the other owner on the deed.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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