💍 Not Married? Not a Problem — But Let’s Talk Title: What NC Buyers Need to Know About Co-Owning Property Without the “I Do”

Buying a home in North Carolina is a major milestone — whether you’re doing it solo, with a partner, your best friend, or your sibling. But if you’re not married, you need to know that the law treats your ownership differently than it does for married couples.

Let’s break it down and keep it real: when you're not legally married, you don’t get the automatic legal protections that married couples do under NC law. So if you're buying property together, you must choose how you’ll hold title — and that decision has real legal consequences, especially when life (or death) happens.

🔍 Quick Legal Refresher: How NC Classifies Ownership

In North Carolina, the way a property is deeded determines what happens when one co-owner dies, or if the relationship sours. The NC General Statutes Chapter 41 govern real property ownership, and the main options available to unmarried co-owners include:

1. Tenants in Common (TIC) – The Default for Unmarried Buyers

• Each person owns a separate share (which can be unequal, e.g., 60/40).

• If one person dies, their share passes to their heirs — not automatically to the other co-owner.

• Each owner can sell or will their interest without the other’s consent.

Example: You and your partner buy a house. You're 50/50 on the mortgage, but if you die and there’s no will, your share might go to your parents or kids instead of your partner. Messy? You bet.

2. Joint Tenants with Right of Survivorship (JTWROS) – Not Automatic

• Each person owns an equal share.

• When one person dies, their share automatically transfers to the surviving owner(s) — no will or probate needed.

• MUST be spelled out in the deed – NC courts will assume you’re tenants in common unless the deed explicitly says JTWROS.

Legal Reference: See NCGS § 41-2(b) — "Right of survivorship between joint tenants must be clearly stated in the instrument."

Heads up: If you break up and want out, the only way to sever JTWROS is by a new deed or a court-ordered partition sale.

3. Tenancy by the Entirety – Only for Married Couples

• Only legally married spouses can hold title this way in NC.

• Offers strong protections from creditors and automatic survivorship.

• Not available to you unless you have a marriage license and some tax paperwork with the same last name.

💡 Got Married After Buying? Here’s How to Update the Title

If you purchased property together before getting married, and now you’ve tied the knot (congrats!), you might want to convert your ownership to Tenancy by the Entirety — the default for married couples in North Carolina.

Here’s the process:

1. Hire a Real Estate Attorney
   In NC, attorneys handle real estate transactions, including deed updates. This is not DIY territory — a mistake on a deed can cause major title issues later.

2. Prepare a New Deed
   Your attorney will draft a new deed — usually a quitclaim deed — transferring the property from your old ownership form (e.g., JTWROS or TIC) to both of you as spouses with Tenancy by the Entirety.

3. Sign the Deed
   Both parties must sign the deed in the presence of a notary public. If a lender is involved (i.e., there's a mortgage), the lender may require approval or additional paperwork.

4. Record the Deed
   The new deed must be recorded with the Register of Deeds in the county where the property is located. In Guilford County, that’s at Guilford County Register of Deeds.

Why bother?

• Creditor Protection: Creditors of one spouse cannot force the sale of property held as Tenancy by the Entirety.

• Automatic Inheritance: If one spouse dies, the surviving spouse owns the property automatically, no probate needed.

• Cleaner Title: It simplifies ownership for estate planning and future refinancing or sale.

Bonus Tip: This change does NOT affect your mortgage — just the deed. But it's still wise to inform your lender, especially if you're refinancing or applying for homestead exemptions.

📑 Best Practices for Unmarried Buyers in NC

If you’re not married (yet or ever), take these steps to protect yourselves and your investment:

✅ Draft a Co-Ownership Agreement

Spell out:

• Who pays what (mortgage, taxes, repairs, down payment)

• What happens if someone wants to sell

• How to handle refinancing or buyouts

• What happens in the event of death or disability

✅ Get Your Estate Planning in Order

Don’t leave your partner or co-owner tangled up in probate. Wills matter. Powers of attorney matter more than you think.

✅ Be Specific at Closing

Make sure your attorney and closing agent knows exactly how you want to hold title. Don't assume it’ll default to what you intended. This isn’t Monopoly — it’s North Carolina property law.

🤝 Final Word from Joy

I work with buyers across the Triad who are buying together in all types of partnerships — romantic, platonic, business, or sibling shenanigans. If you're not married, there’s nothing wrong with that — but the law doesn’t care about your vibes. It cares about your paperwork.

If you want to explore your options or revisit your deed after a wedding, I’ll connect you with the right pros and walk you through it.

📍 Visit JoyWatsonRealEstate.com/Rentals or shoot me a message — let’s protect your equity and your relationship.