Short Answer

In North Carolina, most married couples hold homes as “tenants by the entirety,” which protects the property during marriage and gives full ownership to the survivor at death. A divorce severs that form of title and turns it into a tenancy in common, after which the District Court divides marital property through equitable distribution. To protect your share, file your equitable distribution claim before the divorce judgment, and seek interim orders if needed for living expenses or property control.

Understanding the Problem

You want to know how joint ownership of homes affects a North Carolina divorce. The focus is whether, and how, jointly titled real estate will be treated when spouses separate late in life and move toward divorce. Here, the couple jointly owns two homes.

Apply the Law

Under North Carolina law, married couples often hold real estate as tenants by the entirety. That title gives each spouse an undivided whole interest during marriage and includes a right of survivorship; one spouse cannot unilaterally convey the other’s interest. When a court enters an absolute divorce, entireties property automatically converts to a tenancy in common. The District Court then applies equitable distribution: it identifies, classifies, values, and distributes marital and divisible property. A spouse must assert equitable distribution before the divorce judgment is entered or that right is typically lost. Courts can also issue interim orders for possession, bill payments, and temporary support while the case is pending.

Key Requirements

• Identify and classify property: Determine whether each home is marital, separate, or mixed based on when and how it was acquired and titled.
• Value the property: Establish fair market value and any mortgages or liens as of the relevant dates.
• File equitable distribution before divorce: You must file or counterclaim for equitable distribution prior to entry of the divorce judgment to preserve division rights.
• Severance of title at divorce: Entireties property converts to tenancy in common upon divorce and becomes subject to court division or sale.
• Support during the case: Seek postseparation support or alimony and interim distribution to cover living and care costs.
• Capacity accommodations: If a spouse cannot manage affairs, a guardian or court‑appointed representative may be required so the case can proceed.

What the Statutes Say

• North Carolina Gen. Stat. § 50-6 (One-year separation for absolute divorce) – Sets the separation requirement for divorce.
• North Carolina Gen. Stat. § 50-20 (Equitable distribution) – Governs identification, classification, valuation, and distribution of marital property.
• North Carolina Gen. Stat. § 50-16.2A (Postseparation support) – Allows temporary spousal support after separation.
• North Carolina Gen. Stat. § 35A-1101 (Incompetency defined) – Defines incapacity and supports appointing a guardian when needed.

Analysis

Apply the Rule to the Facts: Because the couple jointly owns two homes, each is likely entireties property and presumed marital, so both go into the equitable distribution analysis. If the mother pays all bills, she can ask for postseparation support and interim distribution so she is not carrying costs alone. If the spouse has dementia and cannot participate, a guardian or court‑appointed representative can be put in place so the divorce, property division, and support claims can proceed. Filing equitable distribution before the divorce judgment preserves the court’s power to divide both homes.

Process & Timing

1. Who files: The spouse seeking relief (or a guardian/representative if capacity is an issue). Where: District Court, Civil Domestic in the North Carolina county of residence. What: Complaint for Absolute Divorce plus claims for Equitable Distribution, Postseparation Support, and Alimony; motions for interim distribution and possession if needed. When: After living separate and apart for at least one year for the divorce; file equitable distribution before the divorce judgment.
2. Ask the court for temporary orders: exclusive possession of a home, an order that the other spouse (or the estate/guardian) contribute to carrying costs, and access to records for valuation. Timeframes vary by county; interim relief can often be heard on a faster track.
3. Final stage: the court classifies, values, and distributes marital property (including the homes) by order; the judgment may direct deeds, sales, or equalizing payments.

Exceptions & Pitfalls

• Failing to file equitable distribution before the divorce judgment generally waives court division of property.
• Death before divorce: entireties property passes to the survivor automatically; consider protective filings early to manage this risk.
• Capacity issues: if a spouse cannot manage affairs, you may need a guardian or court‑appointed representative; build this into your timeline.
• Title traps: deeding or retitling property during separation can complicate classification; seek court orders to maintain the status quo.
• Misclassification: property acquired before marriage or by gift/inheritance may be separate; gather documents to avoid errors in classification and valuation.

Talk to a Family Law Attorney

If you’re dealing with a late-life separation involving jointly owned homes and rising care costs, 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.