Brown v. Brown

WEBB, Judge.

We hold that on the undisputed facts of this case the court should have granted the respondent’s motion for summary judgment. Cross-deeds of division among tenants in common in most circumstances assign to the tenants in severalty what they formerly held in common. Unless a deed specifically provides otherwise, it does not create a new estate in the grantee. If a spouse of a tenant in common is named as a grantee in the deed, he or she does not receive any interest in the property under the deed unless the granting clause specifies otherwise. See Harris v. Ashley, 38 N.C. App.…