Bill Summary for H 1061 (2015-2016)

Printer-friendly: Click to view

Summary date: 

May 10 2016

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 1061 (Public) Filed Tuesday, May 10, 2016
AN ACT TO MAKE CONFORMING AMENDMENTS TO CLARIFY THAT TENANCY BY THE ENTIRETY IS PRESERVED IN THIS STATE IN LIGHT OF THE UNITED STATES SUPREME COURT DECISION IN OBERGEFELL V. HODGES, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION.
Intro. by Bryan.

View: All Summaries for BillTracking:

Bill summary

Identical to S 806 filed on 5/3/16.

Amends GS 39-13.6 to provide that unless a contrary intention is expressed in the conveyance (currently, no provision providing for contrary intention expressed in the conveyance to control), a conveyance of real property, or any interest therein, to two individuals then married to each other vests title in them as tenants by the entirety when the conveyance is to a named individual and wife, or a named individual and husband, or a named individual and spouse (currently, a named individual and spouse is not included in language creating a tenancy by the entirety) or two named individuals, whether or not identified in the conveyance as being husband and wife, spouses, or married to each other, if at the time of the conveyance they are legally married to each other.

Amends GS 39-13.3, GS 39-13.6, GS 39-13.7, GS 41-2, and GS 41-2.5 to change language from "husband and wife" and "husband or wife" in existing tenancy by the entirety provisions to "spouses," "married grantor," "married individual," or "two individuals married to each other" for the purpose of reflecting rights establish under federal law by the decision of the Supreme Court in Obergefell v. Hodges which became effective in North Carolina on October 10, 2014, by application of General Synod of the United Church of Christ v. Resinger.   

Amends GS 41-2(b) clarify that any joint tenancy interest held by two individuals then married to each other, unless otherwise specified, is deemed to be held by them (currently, existing language does not include "by them" language) as a single tenancy by the entirety and is to be treated as a single party when determining interests in the joint tenancy with right of survivorship.

Amends GS 41.2.5 concerning tenancy by the entirety in mobile homes to specify that the definition of mobile home provided in subsection (c) only applies to this statute (was, Article).  Makes clarifying change to GS 41-2.5(b).

This act is effective when it becomes law and applies to conveyances made on or after October 10, 2014.