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NC S121

Bill

Status

Engrossed

3/27/2025

Primary Sponsor

Amy Galey

Click for details

Origin

Senate

2025-2026 Session

AI Summary

  • Clarifies that when one spouse conveys real property to the other spouse, the conveyance does not automatically waive the grantor's right to an elective life estate under G.S. 29-30 unless expressly waived in the conveyance document

  • Establishes that equitable distribution rights under G.S. 50-20 cannot be waived or released through a real property conveyance between spouses and must instead be addressed in a separate written agreement

  • Adds a new exception in G.S. 29-30 specifying that a surviving spouse loses the right to elect a life estate only if they expressly waived that right when conveying their interest in the property to the deceased spouse

  • Amends the definition of "separate property" in equitable distribution law to require that intent to classify real property gifted between spouses as separate property must be stated in a written agreement separate from the deed

  • Becomes effective October 1, 2025, with provisions regarding elective life estates applying retroactively to conveyances executed before the effective date

Legislative Description

GSC Conveyances Between Spouses

Public

Last Action

Re-ref to the Com on Judiciary 1, if favorable, Rules, Calendar, and Operations of the House

5/29/2025

Committee Referrals

Judiciary I5/29/2025
Rules, Calendar, and Operations of the House3/31/2025
Rules and Operations of the Senate3/18/2025
Judiciary3/6/2025
Rules and Operations of the Senate2/24/2025

Full Bill Text

No bill text available