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NC H227

Bill

Status

Introduced

3/1/2017

Primary Sponsor

Robert Davis

Click for details

Origin

House of Representatives

2017-2018 Session

AI Summary

  • Amends North Carolina law to preserve tenancy by the entirety for same-sex married couples following the U.S. Supreme Court's Obergefell v. Hodges decision, effective retroactively to October 10, 2014.

  • Replaces gendered language ("husband and wife") with gender-neutral terms ("spouses," "married individuals," "married to each other") throughout property conveyance statutes.

  • Clarifies that conveyances between married individuals, joint tenancy interests, and mobile home ownership create tenancy by the entirety unless a contrary intention is expressed.

  • Extends protections for tenancy by the entirety held in trusts, including immunity from separate creditors' claims, and allows notice of creditor immunity in trust conveyances.

  • Updates related property law provisions governing spousal joinder requirements, purchase-money mortgages, separation agreements, and surviving spouses' elective rights to use gender-neutral language and reflect modern marriage law.

Legislative Description

Preserve Tenancy by the Entirety

Last Action

Re-ref Com On Rules, Calendar, and Operations of the House

4/25/2017

Committee Referrals

Rules, Calendar, and Operations of the House4/25/2017
Judiciary I4/6/2017
Rules, Calendar, and Operations of the House3/2/2017

Full Bill Text

No bill text available