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NC H800

Bill

Status

Introduced

4/16/2019

Primary Sponsor

Sarah Stevens

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Origin

House of Representatives

2019-2020 Session

AI Summary

  • Recodifies and consolidates tenancy by the entirety statutes from chapters 31A, 39, and 41 into a new Article 5 of Chapter 41 of the General Statutes.

  • Replaces gender-specific language ("husband and wife") with gender-neutral terms ("spouses" and "individuals") throughout tenancy by the entirety provisions while maintaining the same legal effects.

  • Clarifies that tenancy by the entirety is created when real property is conveyed to two legally married persons, regardless of whether they are identified as husband/wife, spouses, or by name alone.

  • Establishes that property held as tenants by the entirety cannot be held liable for individual debts of either spouse alone, and provides for conversion to tenancy in common upon divorce or death.

  • Increases the surviving spouse's allowance from personal property of a deceased spouse from an unspecified amount to $60,000 for support during one year after death, effective for decedents dying after the bill's enactment.

Legislative Description

Chgs. to Real Prop. Statutes/Elective Share

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