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NC S112

Bill

Status

Engrossed

5/4/2023

Primary Sponsor

Amy Galey

Click for details

Origin

Senate

2023-2024 Session

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Rules, Calendar, and Operations of the House5/4/2023
Rules and Operations of the Senate5/2/2023
Judiciary2/20/2023
Rules and Operations of the Senate2/16/2023

Full Bill Text

No bill text available