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NC S806
Bill
Status
5/3/2016
Primary Sponsor
Fletcher Hartsell
Click for details
AI Summary
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Updates North Carolina General Statutes to replace gender-specific language ("husband and wife") with gender-neutral terms ("spouses," "married individuals," "two individuals married to each other") throughout property ownership laws.
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Clarifies that tenancy by the entirety property ownership applies to all married couples regardless of sex, encompassing real property, mobile homes, and trust arrangements.
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Preserves creditor protections for property held in tenancy by the entirety trusts, maintaining immunity from separate creditors' claims as long as both spouses remain married and meet other specified conditions.
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Applies retroactively to conveyances made on or after October 10, 2014, to reflect rights established by federal law following the U.S. Supreme Court's decision in Obergefell v. Hodges.
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Makes conforming changes to joint tenancy provisions to recognize that married couples holding joint tenancy interests are treated as a single tenancy by the entirety.
Legislative Description
Preserve Tenancy by the Entirety
Last Action
Re-ref Com On Rules and Operations of the Senate
5/17/2016