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NC S112
Bill
AI Summary
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Adds G.S. 29-30(a)(2a) to allow surviving spouses to waive their right to a life estate through express written waiver or by conveying their interest to the other spouse with explicit waiver in the conveyance instrument.
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Modifies G.S. 39-13.3 to clarify that conveyances of real property between spouses do not automatically waive the grantor's right to an elective life estate unless the conveyance expressly waives it, and prohibits waiver of equitable distribution rights in the conveyance instrument.
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Amends G.S. 41-63(4) to establish that spouse-to-spouse conveyances of tenancy by the entirety interests do not waive marital rights unless expressly stated, and prohibits equitable distribution waiver in the conveyance document.
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Revises G.S. 50-20 to recodify property definitions and clarify that spouses cannot waive equitable distribution rights through real property conveyance instruments, requiring separate written agreements instead.
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Applies provisions regarding elective life estates to conveyances executed before, on, or after the effective date; other provisions apply to conveyances executed on or after October 1, 2023.
Legislative Description
GSC Conveyances Between Spouses
Death & Dying; Estates; Marriage & Civil Unions; Property; Public; Real Estate; Sales & Conveyances; Family Issues
Last Action
Ref To Com On Rules, Calendar, and Operations of the House
5/4/2023