Bill > S121

This bill clarifies and modifies several legal provisions related to property conveyances between spouses in North Carolina, with key changes focusing on how property transfers impact marital rights. Specifically, the bill addresses how conveyances between spouses affect their rights to an elective life estate (a legal provision allowing a surviving spouse to claim a life estate in one-third of the deceased spouse's real estate) and equitable distribution rights during divorce. The legislation ensures that when one spouse conveys property to the other, the transfer does not automatically waive important legal rights like the elective life estate or equitable distribution claims. The bill requires that any waiver of these rights must be expressly stated in writing, and cannot be implied simply by the act of transferring property. Additionally, the bill makes technical corrections to various statutes related to property ownership between spouses, including how property is classified and divided during divorce proceedings. The changes are designed to provide more clarity and protection for spouses' property rights, and will apply to conveyances executed before, on, or after the effective date of October 1, 2025.

Government Affairs, Justice

https://www.ncleg.gov/BillLookUp/2025/S121