Jan292026
Probate Q&A Series

Can a judgment be paid from a deceased person’s house if the house was jointly owned with a spouse? – North Carolina

Short Answer

Usually not, if the home was owned by the spouses as tenants by the entirety and the judgment was only against the deceased spouse. In North Carolina, entireties property is generally protected from the individual debts of either spouse, and a judgment against only one spouse does not attach to the home while the tenancy exists. A judgment may be paid from probate assets (and sometimes from the deceased spouse’s separate interest in property not held as tenants by the entirety), but creditor-claim deadlines in the estate still matter.

Understanding the Problem

In North Carolina probate, the key question is whether a judgment creditor can reach a deceased person’s home when the home was jointly owned with a surviving spouse. The answer depends on how the deed held title (especially whether it was “tenants by the entirety”), whether the judgment was against one spouse or both, and whether the home is part of the probate estate that the personal representative administers through the Clerk of Superior Court.

Apply the Law

North Carolina treats a married couple’s “tenancy by the entirety” home differently from other jointly owned property. If the home was held as tenants by the entirety, a judgment against only one spouse generally cannot be enforced against that home while both spouses were alive and married, and the surviving spouse typically becomes the sole owner at death. By contrast, if the home was not held as tenants by the entirety (for example, it was a tenancy in common), the deceased person’s share may be part of the probate estate and may be reachable through the estate claims process.

Key Requirements

  • How the home was titled: A deed that creates tenancy by the entirety (common for married couples) usually keeps the home out of reach of a judgment against only one spouse.
  • Who the judgment is against: A judgment against both spouses (a joint obligation) can attach to entireties property; a judgment against only one spouse generally cannot.
  • Whether the home is a probate asset: If the home passes automatically to the surviving spouse (as with tenancy by the entirety), it is typically not a probate asset available to pay the decedent’s individual judgment. If the decedent owned a separate interest, that interest may be administered and potentially used to pay allowed claims.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts raise a common collection issue: a judgment creditor wants to collect from a deceased person’s estate and is looking at big-ticket assets like a home or vehicle that may be jointly owned with a spouse. If the house was owned by the spouses as tenants by the entirety and the judgment was only against the deceased spouse, North Carolina law generally prevents using that house to satisfy that individual judgment because the surviving spouse takes full title outside probate. If the judgment was against both spouses, or if the home was not held as tenants by the entirety, the analysis changes and the creditor may have a path through probate and/or lien enforcement tools.

Even when the house itself is protected (or passes outside probate), the judgment creditor can still pursue probate assets—for example, bank accounts titled only in the decedent’s name, vehicles titled only in the decedent’s name, or the decedent’s separate share of property not held as tenants by the entirety—so long as the creditor follows the estate claim process and deadlines.

For more background on the estate-claim process, see how creditor claims work in probate.

Process & Timing

  1. Who files: The judgment creditor. Where: With the estate (through the personal representative) in the probate proceeding before the Clerk of Superior Court in the county where the estate is opened. What: A written creditor claim/presentation of claim that identifies the judgment and amount claimed, and any lien information if applicable. When: Within the creditor-claim presentation period set by North Carolina’s probate-claims statutes and the estate’s published notice to creditors (deadlines can be short and are strictly enforced).
  2. Review and allowance/denial: The personal representative reviews the claim and may allow it, compromise it, or deny it. If denied, the creditor may need to take additional steps within a limited time to keep the claim alive.
  3. Payment (if any): If the claim is allowed and the estate has non-exempt probate assets, the personal representative pays claims in the statutory order of priority. If there are not enough assets, creditors in the same class may be paid proportionally rather than in full.

Exceptions & Pitfalls

  • Assuming “jointly owned” always means reachable: In North Carolina, “jointly owned with a spouse” often means tenancy by the entirety, which usually blocks collection on a judgment against only one spouse.
  • Confusing a decedent’s debt with a lien on the property: A judgment against one spouse generally does not become a lien on entireties property. But a joint judgment against both spouses, or a separate mortgage/deed of trust signed by both, can change what must be paid when property is sold or refinanced.
  • Missing the probate claim deadline: Even with a valid judgment, failing to present a timely estate claim can prevent payment from probate assets.
  • Overlooking title details: The deed language and the timing of the judgment can matter. A deed, a title search, and the judgment docket typically drive the analysis.

Conclusion

In North Carolina, a judgment against only the deceased spouse usually cannot be paid from a house the spouses owned as tenants by the entirety, because the surviving spouse typically takes full title outside probate and the judgment lien does not attach to that property. Collection usually shifts to probate assets (or the decedent’s separate property interests, if any). The next step is to present the judgment as a creditor claim to the personal representative through the estate proceeding before the Clerk of Superior Court within the estate’s creditor-claim deadline.

Talk to a Probate Attorney

If a judgment needs to be collected from a North Carolina estate and there are questions about whether a home or vehicle is reachable (especially when a surviving spouse is involved), our firm has experienced attorneys who can help explain 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.

Category: Probate Q&A Series

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.