Loading chat...

NC S806

Bill

Status

Introduced

5/3/2016

Primary Sponsor

Fletcher Hartsell

Click for details

Origin

Senate

2015-2016 Session

AI Summary

  • 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.

  • Clarifies that tenancy by the entirety property ownership applies to all married couples regardless of sex, encompassing real property, mobile homes, and trust arrangements.

  • 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.

  • 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.

  • 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

Committee Referrals

Rules and Operations of the Senate5/17/2016
Judiciary I5/4/2016

Full Bill Text

No bill text available