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NC H227
Bill
Status
3/1/2017
Primary Sponsor
Robert Davis
Click for details
AI Summary
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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.
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Replaces gendered language ("husband and wife") with gender-neutral terms ("spouses," "married individuals," "married to each other") throughout property conveyance statutes.
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Clarifies that conveyances between married individuals, joint tenancy interests, and mobile home ownership create tenancy by the entirety unless a contrary intention is expressed.
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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.
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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