Get answers to legal questions about real estate

the question
My parents recently passed and I, their only child, inherited the home. When I sell the home (I have never lived in the home), does my spouse have any legal claim to any of the proceeds, or are inherited property proceeds insulated from the spouse? Does the spouse have to sign any closing documents when the property is sold? What if the spouses are not getting along? How does this work on inherited property in North Carolina, and particularly Buncombe county?

the answer
Two areas of the law here. Under Family Law your spouse may not have a claim as the property is inherited, but that is to be agreed to by the parties, their lawyers and ultimately perhaps a Judge. If you are just selling the inherited home, absent a separation or prenuptial agreement, your spouse will need to sign the listing paperwork as well as the deed for closing.

Phillip C. Price
Real Estate Closings

• Affordable • Experienced • Accessible
828-633-2374 • www.phillippricelaw.com 

Barrett W. McFatter, AssociateBarrett@phillippricelaw.com

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