How does joint tenancy with right of survivorship work in North Carolina?

In North Carolina, a conveyance to two or more people creates a tenancy in common unless the instrument expresses an intent to create a joint tenancy with right of survivorship, or a tenancy by the entirety arises under the law governing it. Words such as "joint tenants with right of survivorship," "joint tenants," "joint tenancy" or "with right of survivorship" express that intent unless the instrument provides otherwise. North Carolina recognizes tenancy by the entirety: unless the conveyance expresses a contrary intention, real property conveyed to two named people who are married to each other at the time vests in them as tenants by the entirety, whether or not the deed calls them spouses. On the death of a spouse, entireties property belongs to the surviving spouse by survivorship. The words in the deed decide which kind of ownership was created, so read the deed itself. This is N.C. Gen. Stat. §§ 41-71, 41-56, 41-64.

WhatNorth Carolina
A deed to two or more peopleTenancy in common unless the deed says otherwise
What it meansTenancy in common unless the deed declares survivorship

Source

N.C. Gen. Stat. §§ 41-71, 41-56, 41-64

Read the statute in the North Carolina General Statutes (North Carolina General Assembly): ncleg.gov.

Checked against the statute on November 13, 2026.

This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.

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An owner on Seayora keeps each property’s owners of record, its entity and its documents in one place, so who holds title and how is on file beside the leases and the books.

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