Harris v. Parker

PARKER, Judge.

Determinative of the rights of the parties is whether plaintiff’s marriage to Ben H. Harris was dissolved by an absolute divorce. If it was not, then upon Harris’s death in 1970 plaintiff became sole owner of the property as surviving tenant by the entireties, and neither the 1955 conveyance to defendants, in which plaintiff did not join, nor defendants’ possession of the property under that conveyance, could serve to defeat plaintiff’s right of survivorship.

The common-law estate by the entireties remains unchanged by statute in North Carolina. Combs v. Combs, 273 N.C. 462, 160…