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Current as of January 01, 2023 | Updated by Findlaw Staff
(a) A conveyance to two or more persons creates a tenancy in common unless a joint tenancy with right of survivorship is created as provided in subsection (b) of this section or a tenancy by the entirety is created as provided by the law governing tenancy by the entireties.
(b) A conveyance to two or more persons creates a joint tenancy with right of survivorship if the instrument expresses an intent to create a joint tenancy with right of survivorship. The following words in the instrument shall be deemed to express an intent to create a joint tenancy with right of survivorship unless the instrument otherwise provides: “joint tenants with right of survivorship,” “joint tenants,” “joint tenancy,” “tenants in common with right of survivorship,” “joint with right of survivorship,” “with right of survivorship.”
(c) Nothing in this Article prohibits joint tenants from entering into any agreement with regard to the property held in joint tenancy, including, without limitation, an agreement that notice must be given to other joint tenants before any joint tenant terminates the joint tenancy as provided in G.S. 41-73(b).
Cite this article: FindLaw.com - North Carolina General Statutes Chapter 41. Estates § 41-71. Creation of a joint tenancy with right of survivorship - last updated January 01, 2023 | https://codes.findlaw.com/nc/chapter-41-estates/nc-gen-st-sect-41-71/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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