NORTH CAROLINA GENERAL ASSEMBLY

1969 SESSION

CHAPTER 748

SENATE BILL 12

AN ACT TO PROVIDE FOR THE CREATION OF A TENANCY BY THE ENTIRETY IN THE DIVISION OF LAND.

The General Assembly of North Carolina do enact:

Section 1.  Chapter 39 of the General Statutes is hereby amended by inserting therein a new section to read as follows:

"Sec. 39-13.5.  Creation of tenancy by entirety in partition of real property. When either a husband or a wife owns an undivided interest in real property as a tenant in common with some person or persons other than his or her spouse and there occurs an actual partition of the property, a tenancy by the entirety may be created in the husband or wife who owned the undivided interest and his or her spouse in the manner hereinafter provided:

(1)        In a division by cross-deed or deeds, between or among the tenants in common provided that the intent of the tenant in common to create a tenancy by the entirety with his or her spouse in this exchange of deeds must be clearly stated in the granting clause of the deed or deeds to such tenant and his or her spouse, and further provided that whenever the tenant in common is a married woman, the deed or deeds to such tenant and her spouse is signed by them and is acknowledged before a certifying officer who shall make a private examination of the married woman in accordance with G.S. 52-6; or

(2)        In a judicial proceeding for partition. In such proceeding, both spouses have the right to become parties to the proceeding and to have their pleadings state that the intent of the tenant in common is to create a tenancy by the entirety with his or her spouse. The order of partition shall provide that the real property assigned to such tenant and his or her spouse shall be owned by them as tenants by the entirety; provided that whenever the tenant in common is a married woman, the pleading showing her intent to create a tenancy by the entirety is acknowledged before a certifying officer who shall make the private examination of the married woman in accordance with G.S. 52-6."

Sec. 2.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 3.  This Act shall become effective October 1, 1969.

In the General Assembly read three times and ratified, this the 9th day of June, 1969.