NORTH CAROLINA GENERAL ASSEMBLY

1963 SESSION

CHAPTER 909

HOUSE BILL 126

AN ACT TO VALIDATE CERTAIN CONVEYANCES BY MARRIED WOMEN OF THEIR SEPARATE PROPERTY.

The General Assembly of North Carolina do enact:

Section 1. Article 1 of Chapter 52 of the General Statutes of North Carolina is hereby amended by adding a new subsection following subsection (d) of G. S. 52-12 to read as follows:

"(e)     Any other provisions of this Section to the contrary notwithstanding, in all cases where a married woman owning property as an individual joins with her husband in execution of a deed conveying her real property to a third party and said third party reconveys said real property to said wife and her husband as tenants by the entirety and in the deed to the third party the acknowledgment as herein provided was not complied with, but in all other respects the acknowledgment of the execution of said deed and the probate and registration thereof are regular, such conveyances shall not be void but shall be voidable only, and any action, the purpose of which is to have said conveyances set aside or declared invalid shall be commenced within seven (7) years after the recordation of such deed in the office of the Register of Deeds of the county or counties in which said real property is located. If no such action is or has been brought then the effect of the conveyances shall be to create an estate by the entirety.

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby repealed to the extent of their conflict herewith.

Sec. 3. This Act shall not apply to pending litigation.

Sec. 4. The provisions of this Act shall apply only to Alamance, Alexander, Anson, Ashe, Avery, Bertie, Brunswick, Buncombe, Burke, Camden, Carteret, Caswell, Catawba, Chatham, Cherokee, Chowan, Clay, Columbus, Cumberland, Currituck, Dare, Davidson, Davie, Durham, Forsyth, Franklin, Gaston, Gates, Graham, Granville, Greene, Guilford, Harnett, Henderson, Hertford, Hoke, Iredell, Jackson, Johnston, Lee, Lenoir, Lincoln, Macon, Madison, Martin, Mecklenburg, Mitchell, Nash, Northampton, Onslow, Orange, Pamlico, Pasquotank, Perquimans, Person, Polk, Randolph, Rockingham, Rowan, Rutherford, Stanly, Stokes, Swain, Transylvania, Tyrrell, Union, Vance, Washington, Watauga, Wayne, Wilkes, Wilson, Yadkin and Yancey.

Sec. 5. This Act shall be in full force and effect after its ratification and shall apply to conveyances made prior to ratification.

In the General Assembly read three times and ratified, this the 13th day of June, 1963.