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NC H792

Bill

Status

Introduced

4/16/2019

Primary Sponsor

Walter Zachary

Click for details

Origin

House of Representatives

2019-2020 Session

AI Summary

  • Creates Article 5 of Chapter 41 of North Carolina General Statutes to consolidate and reorganize existing joint tenancy laws into sections G.S. 41-70 through G.S. 41-76.

  • Defines key terms including "conveyance" (transfer of title to real or personal property) and "termination" (severance of right of survivorship creating a tenancy in common).

  • Specifies that joint tenancy with right of survivorship requires express intent in the conveyance instrument, with particular language presumed to create such intent unless otherwise stated.

  • Establishes that joint tenancy interests are equal among grantees unless otherwise specified in the conveyance instrument, and details conditions under which joint tenancy terminates through collective or unilateral action of joint tenants.

  • Exempts executors, trustees, partnerships, business entities, certain accounts under G.S. 42-2.1 and G.S. 42-2.2, and life estates from the article's application, while preserving common law and equitable principles except where inconsistent with the statute.

Legislative Description

Changes to Joint Tenancy Statutes

Last Action

Ref to the Com on Judiciary, if favorable, Rules, Calendar, and Operations of the House

4/18/2019

Committee Referrals

Judiciary4/18/2019

Full Bill Text

No bill text available