Article On Joint Tenancy In North Carolina

Daniel R. Tilly (Campbell University School of Law) & Patrick K. Hetrick (Campbell University School of Law) recently published an article entitled, North Carolina’s reincarnated joint tenancy: oh intent, where art thou?, 93 N.C. L. Rev. 1649-1718 (2015). Provided below is an abstract of the article:

This article addresses key real property and public policy issues triggered by the 1990 legislative reincarnation of the joint tenancy with right of survivorship in North Carolina with a special emphasis on creation and severance issues. It also focuses on piecemeal statutory amendments and revisions to North Carolina joint tenancy law since 1990. The authors’ analysis leads to the following conclusions: First, because joint tenancy creation is now intent-based, not unities-based, joint tenancy termination should likewise be intent-based, not unities-destruction-based. Second, unilateral “stealth” severances of joint tenancies are contrary to public policy, unless accompanied by effective prior notice to the other joint tenant or tenants. Third, North Carolina General Statute section 41-2 requires substantial and comprehensive revision to further clarify the contemporary law of joint tenancy in North Carolina. Fourth, substantial improvement in the law’s transparency is required in the legislative process if all interested parties, including consumers, are to have a meaningful opportunity to provide input when important real property laws are added, revised, or deleted from the General Statutes.