|
|
 |
Online Resources |
North Carolina General
Statutes: POWERS AND LIABILITIES OF MARRIED PERSONS
§ 52-1. Property of married persons secured
The real and personal property of any married person in this
State, acquired before marriage or to which he or she may
after marriage become in any manner entitled, shall be and
remain the sole and separate estate and property of such
married person and may be devised, bequeathed and conveyed
by such married person subject to G.S. 50-20 and such other
regulations and limitations as the General Assembly may
prescribe.
§ 52-2. Capacity to contract
Subject to the provisions of G.S. 52-10 or 52-10.1, G.S.
39-7 and other regulations and limitations now or hereafter
prescribed by the General Assembly, every married person is
authorized to contract and deal so as to affect his or her
real and personal property in the same manner and with the
same effect as if he or she were unmarried.
§ 52-3. Married person may insure spouse's life
Any married person in his or her own name, or in the name of
a trustee with his assent, may cause to be insured for any
definite time the life of his or her spouse, for his or her
sole and separate use, and may dispose of the interest in
the same by will.
§ 52-4. Earnings and damages
The earnings of a married person by virtue of any contract
for his or her personal service, and any damages for
personal injuries, or other tort sustained by either, can be
recovered by such person suing alone, and such earnings or
recovery shall be his or her sole and separate property.
§ 52-5. Torts between husband and wife
A husband and wife have a cause of action against each other
to recover damages sustained to their person or property as
if they were unmarried.
§ 52-5.1. Tort actions between husband and wife arising out
of acts occurring outside State
A husband and wife shall have a cause of action against each
other to recover damages for personal injury, property
damage or wrongful death arising out of acts occurring
outside of North Carolina, and such action may be brought in
this State when both were domiciled in North Carolina at the
time of such acts.
§ 52-7. Validation of certificates of notaries public as to
contracts or conveyances between husband and wife
Any contract between husband and wife coming within the
provisions of G.S. 52-6, executed prior to the first day of
January, 1955, acknowledged before a notary public and
containing a certificate of the notary public of his
conclusions and findings of fact that such conveyance is not
unreasonable or injurious to the wife, is hereby in all
respects validated and confirmed, to the same extent as
though said certifying officer were one of the officers
named in G.S. 52-6.
§ 52-8. Validation of contracts failing to comply with
provisions of former § 52-6
Any contract between husband and wife coming within the
provisions of G.S. 52-6 executed between January 1, 1930,
and January 1, 1978, which does not comply with the
requirement of a private examination of the wife or with the
requirements that there be findings that such a contract
between a husband and wife is not unreasonable or injurious
to the wife and which is in all other respects regular is
hereby validated and confirmed to the same extent as if the
examination of the wife had been separate and apart from the
husband. This section shall not affect pending litigation.
§ 52-9. Effect of absolute divorce decree on certificate
failing to comply with § 52-6
Whenever it appears that, since the execution of a contract
between a husband and wife in which the certificate of
acknowledgment thereof fails to comply with the requirements
of G.S. 52-6, a valid decree of absolute divorce between
said husband and wife has been rendered, no action shall be
maintained by her or anyone claiming under her for the
recovery of the possession of, or to establish title to any
interest in any property described in such contract unless
such action is commenced within seven years after such
decree of absolute divorce has become final or unless such
action is commenced before January 1, 1978, whichever date
is earlier.
§ 52-10. Contracts between husband and wife generally;
releases
(a) Contracts between husband and wife not inconsistent with
public policy are valid, and any persons of full age about
to be married and married persons may, with or without a
valuable consideration, release and quitclaim such rights
which they might respectively acquire or may have acquired
by marriage in the property of each other; and such releases
may be pleaded in bar of any action or proceeding for the
recovery of the rights and estate so released. No contract
or release between husband and wife made during their
coverture shall be valid to affect or change any part of the
real estate of either spouse, or the accruing income thereof
for a longer time than three years next ensuing the making
of such contract or release, unless it is in writing and is
acknowledged by both parties before a certifying officer.
(b) Such certifying officer shall be a notary public, or a
justice, judge, magistrate, clerk, assistant clerk or deputy
clerk of the General Court of Justice, or the equivalent or
corresponding officers of the state, territory or foreign
country where the acknowledgment is made. Such officer must
not be a party to the contract.
(c) This section shall not apply to any judgment of the
superior court or other State court of competent
jurisdiction, which, by reason of its being consented to by
a husband and wife, or their attorneys, may be construed to
constitute a contract or release between such husband and
wife.
§ 52-10.1. Separation agreements
Any married couple is hereby authorized to execute a
separation agreement not inconsistent with public policy
which shall be legal, valid, and binding in all respects;
provided, that the separation agreement must be in writing
and acknowledged by both parties before a certifying officer
as defined in G.S. 52-10(b). Such certifying officer must
not be a party to the contract. This section shall not apply
to any judgment of the superior court or other State court
of competent jurisdiction, which, by reason of its being
consented to by a husband and wife, or their attorneys, may
be construed to constitute a separation agreement between
such husband and wife.
§ 52-10.2. Resumption of marital relations defined
"Resumption of marital relations" shall be defined
as voluntary renewal of the husband and wife relationship,
as shown by the totality of the circumstances. Isolated
incidents of sexual intercourse between the parties shall
not constitute resumption of marital relations.
§ 52-11. Antenuptial contracts and torts
The liability of a married person for any debts owing, or
contracts made or damages incurred before marriage shall not
be impaired or altered by such marriage. No person shall by
marriage incur any liability for any debts owing, or
contracts made, or for wrongs done by his or her spouse
before the marriage.
§ 52-12. Postnuptial crimes and torts
No married person shall be liable for damages accruing from
any tort committed by his or her spouse, or for any costs or
fines incurred in any criminal proceeding against such
spouse.
|
|
|
|
