# Property Deed **URL:** \ **Category:** Divorce and Separation Answers\ **Created:** [February 7, 2008, 12:48pm UTC](https://forum.rosen.com/t/property-deed/5580 "2008-02-07T12:48:25Z")\ **Posts on this page:** 3\ **Page:** 1
**Author:** ![Ryan](https://avatars.discourse-cdn.com/v4/letter/r/a8b319/32.png) [@Ryan](https://forum.rosen.com/u/Ryan)\ **Post date:** [February 7, 2008, 12:48pm UTC](https://forum.rosen.com/t/property-deed/5580/1 "2008-02-07T12:48:25Z")
Married couples usually take title as Tenants by the Entirety - same as joint tenancy with survivorship, but offers a bit more spousal protection. Upon entry of a final decree of divorce Tenants by the Entirety automatically become Tenants in Common - but that’s only if it’s TbyE. Joint Tenants w/survivorship won’t change on divorce. An ex spouse moving and remarrying prior to selling has no effect. ---
**Author:** ![Helena\_Nevicosi](https://avatars.discourse-cdn.com/v4/letter/h/db5fbb/32.png) [@Helena\_Nevicosi](https://forum.rosen.com/u/Helena_Nevicosi)\ **Post date:** [February 10, 2008, 11:22am UTC](https://forum.rosen.com/t/property-deed/5580/2 "2008-02-10T11:22:16Z")
No, a new deed does not need to be issued, the change in the classification of the deed is by law based on the legal status of you relationship. If she moves to another state and remarries that would not have an effect under our laws. Helena M. Nevicosi Attorney with Rosen Law Firm 4101 Lake Boone Trail, Suite 500 Raleigh, North Carolina 27607 919.787.6668 main phone 919.787.6361 main fax Charlotte Office 301 McCullough Drive Suite 510 Charlotte, NC 28262 Main Phone: (704)307.4600 Main Fax: (704) 9343.0044 Durham & Chapel Hill Office 1829 East Franklin Street Building 600 Chapel Hill, NC 27514 (919) 321.0780 > **[North Carolina Divorce Law - Legal Answers and Info](https://www.rosen.com/)** > > The best resource for divorce in NC. Find accurate, legal, family law advice from attorneys practicing in Raleigh, Durham, Cary, and Chapel Hill. 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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations. ---
**Author:** ![mbsnc](https://avatars.discourse-cdn.com/v4/letter/m/5daacb/32.png) [@mbsnc](https://forum.rosen.com/u/mbsnc)\ **Post date:** [February 7, 2008, 11:32am UTC](https://forum.rosen.com/t/property-deed/5580/3 "2008-02-07T11:32:07Z")
When a married couple purchase a property together it is ususlly deeded as a married couple in joint tenancy. If the couple then seperates and ultimately divorces with the intention of selling and splitting the proceeds does the deed need to be changed if the property is not sold prior to the divorce. I believe technically at that point wouldn’t they become tenants in common? Also if one of the spouses moves to a community property state and marries another prior to the property selling does that have an affect on the transaction? Thank you