NORTH CAROLINA GENERAL ASSEMBLY

1961 SESSION

 

 

CHAPTER 184

HOUSE BILL 242

 

 

AN ACT TO AMEND THE GENERAL STATUTES SO AS TO MAKE MARRIED PERSONS UNDER TWENTY‑ONE YEARS OF AGE COMPETENT AS TO CERTAIN TRANSACTIONS, AND TO VALIDATE CERTAIN TRANSACTIONS.

 

The General Assembly of North Carolina do enact:

 

Section 1.  That the General Statutes be and the same are hereby amended by rewriting G.S. 39‑13.2, as the same presently appears in the 1959 Cumulative Supplement to Recompiled Volume 2A, to read as follows:

"G.S. 39‑13.2.  Married persons under twenty‑one made competent as to certain transactions; certain transactions validated. (a) Any married person under twenty‑one years of age is authorized and empowered and shall have the same privileges as are now conferred upon married persons twenty‑one years of age or older to:

(1)        Waive, release or renounce by deed or other written instrument any right or interest which he or she may have in the real or personal property (tangible or intangible) of the other spouse; or

(2)        Give written assent to conveyances of real property of his wife; or

(3)        Jointly execute with his or her spouse, if such spouse is twenty‑one years of age or older, any note, contract of insurance, deed, deed of trust, mortgage, lien of whatever nature or other instrument with respect to real or personal property (tangible or intangible) held with such other spouse either as tenants by the entirety, joint tenants, tenants in common, or in any other manner.

(b)        Any transaction between a husband and wife pursuant to this Section shall be subject to the provisions of G.S. 52‑12 whenever applicable.

(c)        No renunciation of dower or curtesy or of right under G.S. 29‑30(a) by a married person under the age of twenty‑one years after June 30, 1960 and until the effective date of this Act shall be invalid because such person was under such age. No written assent by a husband under the age of twenty‑one years to a conveyance of the real property of his wife after June 30, 1960 and until the effective date of this Act shall be invalid because such husband was under such age.

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  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 2A.  The provisions of this Act shall not apply to pending litigation.

Sec. 3.  This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 7th day of April, 1961.