North Carolina § 41-58 - Possession and control of entireties property.

§ 41-58. Possession and control of entireties property.

Spouses shall have an equal right to the control, use, possession, and income from property held by them as tenants by the entirety. Neither spouse may bargain, sell, lease, mortgage, transfer, convey, sign, pay out, or in any manner encumber any property held by them as tenants by the entirety without the written joinder of the other spouse. This section shall not be construed to require the spouse's joinder where a different provision is made under G.S. 41-56(b), G.S. 41-63(4), G.S. 39-13, G.S. 39-13.3, G.S. 39-13.4, or G.S. 52-10. The mortgage or sale of an interest in real property held by spouses as tenants by the entirety where one or both spouses is incompetent is governed by the provisions of Article 15 of Chapter 35A of the General Statutes. History (1981 (Reg. Sess., 1982), c. 1245, s. 1; 1983, c. 449, ss. 1, 2; 2020-50, s. 1(a)-(c).) Cross References. - As to rules for construction, see G.S. 12-3. Editor's Note. - This section is former G.S. 39-13.6(a) as recodified by Session Laws 2020-50, s. 1(b), effective June 30, 2020. The historical citation and annotations from the former section have been added to this section as recodified. Effect of Amendments. - Session Laws 2020-50, s. 1(c), effective June 30, 2020, rewrote the section. Legal Periodicals. - For article analyzing North Carolina's tenancy by the entirety reform legislation of 1982, see 5 Campbell L. Rev. 1 (1982). For article discussing the doctrine of color of title in North Carolina, see 13 N.C. Cent. L.J. 123 (1982). For survey of 1982 law relating to family law, see 61 N.C.L. Rev. 1155 (1983). For comment discussing the status of the presumption of purchase money resulting trust for wives in light of Mims v. Mims, 305 N.C. 41 , 286 S.E.2d 779 (1982), see 61 N.C.L. Rev. 576 (1983). For note, "Branch Banking & Trust Co. v. Wright - Creditors' Rights to Entireties Property Awarded to Nondebtor Spouse Upon Divorce," see 64 N.C.L. Rev. 1471 (1986). For note on the retroactive application of G.S. 39-13.6 under a vested rights analysis, see 65 N.C.L. Rev. 1195 (1987). For note, "McLean v. McLean: North Carolina Adopts the Gift Presumption in Equitable Distribution," see 68 N.C. L. Rev. 1269 (1990). For article, "A Spouse's Right to Control Assets During Marriage: Is North Carolina Living in the Middle Ages?", see 18 Campbell L. Rev. 203 (1996).