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NC H800
Bill
Status
4/16/2019
Primary Sponsor
Sarah Stevens
Click for details
AI Summary
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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.
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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.
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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.
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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.
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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