Short Answer

In North Carolina, you add a child with a right of survivorship by signing and recording a new deed that expressly says you and your child hold title “as joint tenants with right of survivorship.” The current owner signs before a notary and records the deed with the County Register of Deeds. The mortgage usually stays in the original borrower’s name unless the lender agrees otherwise, and you should confirm with the lender before recording. A properly authorized, recorded power of attorney can sign for a party when needed.

Understanding the Problem

You want to know how, in North Carolina, to add your child to title with a right of survivorship so the home passes to them at your death without probate. The decision is whether you can record a deed now that makes you and your child joint owners with survivorship and what steps that requires. Here, title is currently in a spouse’s name only, so that spouse would be the signer to transfer a share to the child with survivorship language.

Apply the Law

North Carolina law allows joint ownership of real estate with a right of survivorship, but only if the deed says so plainly. If the deed does not include survivorship words, the co-owners default to tenants in common, and the deceased owner’s share does not pass automatically. The Register of Deeds in the county where the property sits is the recording office, and recording protects title against third parties. After death, survivorship property passes outside probate, but it can still be reached to pay estate debts if probate assets are insufficient.

Key Requirements

• Express survivorship language: The deed must say you and your child take title “as joint tenants with right of survivorship, and not as tenants in common.”
• Proper execution: The current owner (the spouse on title) signs, in ink, before a notary. The grantee child usually does not sign a deed of conveyance.
• Recording: File the original notarized deed with the County Register of Deeds where the property is located and pay recording fees.
• Lender check: Review the mortgage for any due‑on‑sale or consent requirements and coordinate with the lender before recording.
• Power of attorney (if used): A POA must authorize real estate transfers and be recorded in the county land records before or with the deed.

What the Statutes Say

• North Carolina Gen. Stat. § 41-2 (Joint tenancy; survivorship) – Survivorship is abolished unless the instrument expressly provides for it.
• North Carolina Gen. Stat. § 39-13.6 (Tenancy by the entirety) – Explains survivorship between spouses; contrasts with adding a child.
• North Carolina Gen. Stat. § 47-18 (Registration; Connor Act) – Deeds must be recorded to be effective against purchasers and creditors.
• North Carolina Gen. Stat. § 28A-15-10 (Recovery of certain assets) – Nonprobate assets, including survivorship interests, may be reached to pay estate claims if needed.

Analysis

Apply the Rule to the Facts: Because the home is in a spouse’s name only, that spouse signs a new deed conveying to “Spouse and Child as joint tenants with right of survivorship.” The deed must be notarized and recorded to perfect the change. Adding your child does not automatically change or remove the mortgage; the named borrower remains responsible, and lender consent may be required. If a POA will sign, it must authorize real estate conveyances and be recorded with the deed.

Process & Timing

1. Who files: The titled owner (grantor). Where: County Register of Deeds in North Carolina where the property is located. What: A properly drafted deed (often a special warranty or quitclaim deed) that states “joint tenants with right of survivorship.” When: Record as soon as the deed is signed and notarized to protect against later liens or transfers.
2. Confirm lender requirements before recording. Arrange for signing with a notary and submit the original deed to the Register of Deeds with recording fees; many counties record the same day or within a few days.
3. After recording, update the tax mail address if needed. When a joint owner dies, the survivor typically records an affidavit of survivorship with a death certificate to clear title.

Exceptions & Pitfalls

• Wrong wording: If the deed lacks clear survivorship language, you create a tenancy in common (no automatic transfer at death).
• Mortgage traps: A due‑on‑sale clause can be triggered by adding an owner; get lender consent or written confirmation before recording.
• POA issues: The POA must authorize real estate transfers and be recorded; otherwise, the Register of Deeds may reject the deed.
• Debt exposure: Survivorship avoids probate, but the survivor’s title can still be reached to pay estate debts if probate assets are insufficient.
• Tax and basis: Adding a child is often a gift; it can require a gift tax filing and may reduce step‑up in basis for the gifted share. Consult a tax professional.
• Creditor and divorce risk: Putting a child on title exposes the home to that child’s creditors and divorce claims.

Talk to a Real Estate Attorney

If you’re dealing with adding a child to your deed with a right of survivorship, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at [919-341-7055].

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.