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NC S595

Bill

Status

Passed

6/30/2020

Primary Sponsor

Warren Daniel

Click for details

Origin

Senate

2019-2020 Session

AI Summary

Senate Bill 595 Summary

  • Recodifies tenancy by the entirety statutes from multiple chapters into a new Article 5 of Chapter 41, modernizing terminology to use "spouses" instead of "husband and wife" throughout.

  • Updates tenancy by the entirety rules to allow creation through conveyances to named individuals with "spouse," "wife," or "husband" designations, and clarifies property passes to surviving spouse by right of survivorship upon death.

  • Creates new Article 6 of Chapter 41 codifying joint tenancy with right of survivorship rules, including termination events and treatment of married couples holding joint tenancy interests as a single party.

  • Establishes that property held as tenants by the entirety is protected from individual creditors' claims, but is liable for joint obligations; clarifies liability rules when tenancy terminates through divorce or death.

  • Modifies requirements for deed registration to allow registers of deeds to accept written representations regarding drafter credentials rather than requiring verification, effective August 1, 2020.

Legislative Description

Changes to Real Property Statutes

Last Action

Ch. SL 2020-50

6/30/2020

Committee Referrals

Rules, Calendar, and Operations of the House5/9/2019
Rules and Operations of the Senate4/4/2019

Full Bill Text

No bill text available