Chapter 41

(a) With respect to property held by spouses as tenants by the entirety prior to its termination, all of the following shall apply: (1) The property may not be held liable for individual debts of either spouse and a judgment lien against one spouse alone does not attach to the pr…

(a) In the case of property held as tenants by the entirety, neither spouse is entitled to reimbursement from the other for expenditures made with respect to the property during the existence of the tenancy by the entirety, including payments made for recurring expenses, improvem…

Where property held as tenants by the entirety is insured, unless the parties by contract have provided what disposition should be made of the insurance proceeds, the policy and insurance proceeds inure to the benefit of the entire estate even though the policy was issued in the …

Events terminating a tenancy by the entirety other than the death of a spouse and the effects of termination include the following: (1) The voluntary sale and conveyance of property held as tenants by the entirety to a third party, including a foreclosure sale pursuant to a power…

(a) Except as provided in subsection (b) of this section, upon the death of a spouse, property held as tenants by the entirety belongs to the surviving spouse by right of purchase under the original grant or devise and by virtue of survivorship. The deceased spouse has no estate …

(a) Any real property held by spouses as tenants by the entirety and conveyed (i) to a joint trust or (ii) in equal shares to two separate trusts shall no longer be held by the spouses as tenants by the entirety and shall be disposed of by the terms of the trust or trusts. Howeve…

The common law of tenancy by the entirety and principles of equity supplement this Article except to the extent it conflicts or is inconsistent with a provision of this Article or the laws of this State. (2020-50, s. 1(a), (c).)

By deed of bargain and sale, or by deeds of lease and release, or by covenant to stand seized to use, or deed operating by way of covenant to stand seized to use, or otherwise, by any manner or means whatsoever it be, the possession of the bargainor, releasor, or covenanter shall…

For the purposes of this Article, the following definitions apply: (1) Conveyance. - A transfer of title to real or personal property by deed, devise, assignment, or other means of transferring title. (2) Termination. - A severance of the right of survivorship resulting in the cr…

(a) A conveyance resulting in two or more persons owning property creates a tenancy in common unless a joint tenancy with right of survivorship is created as provided in subsection (b) of this section or a tenancy by the entirety is created as provided by the law governing tenanc…

(a) The interests of joint tenants in a joint tenancy with right of survivorship shall be deemed to be equal unless otherwise provided in the instrument of conveyance. (b) This section shall apply to any conveyance of an interest in property created at any time that explicitly se…

(a) Events terminating a joint tenancy with right of survivorship due to the collective action of all joint tenants include the following: (1) The conveyance to a third party by all of the joint tenants of all of their interests in the property held in the joint tenancy, includin…

The provisions of G.S. 28A-24-3 apply to joint tenancy interests among two or more joint tenants holding property in joint tenancy with right of survivorship upon the death of one or more of the joint tenants. (1784, c. 204, s. 6; R.C., c. 43, s. 2; Code, s. 1326; Rev., s. 1579; …

This Article does not apply to any of the following: (1) Executors or trustees in their representative capacity. (2) Partnerships governed by Chapter 59 of the General Statutes. (3) Business entities. (4) Accounts established under G.S. 41-2.1 or G.S. 41-2.2 to the extent inconsi…

The common law of joint tenancy with right of survivorship and principles of equity supplement this Article except to the extent it conflicts or is inconsistent with a provision of this Article or the laws of this State. (2020-50, s. 2(a), (c).)

A citation to a former statute recodified in Article 5 of Chapter 41 of the General Statutes, whether made before or after adoption of Article 5, shall be deemed to be a citation to the recodified statute, unless application of this rule of construction would substantially impair…

All collateral warranties are abolished; and all warranties made by any tenant for life of lands, tenements or hereditaments, the same descending or coming to any person in reversion or remainder, shall be void; and all such warranties, as aforesaid, shall be deemed covenants onl…

The following definitions apply in this Article: (1) Actual ouster. - An entry onto or possession of the property by a cotenant that is a clear, positive, and unequivocal act, equivalent to an open denial of another cotenant's rights or title in the property and putting the other…

Tenancy in common ownership includes the following characteristics: (1) Two or more persons hold separate undivided interests in the property. (2) The interests of all cotenants in the property are deemed to be equal unless otherwise specified in the instrument of conveyance. Int…

(a) A tenancy in common is created by a conveyance that meets one of the following criteria: (1) The conveyance is to two or more grantees and expresses an intent that the grantees hold separate undivided interests in the property. (2) The conveyance is to one or more grantees an…

(a) Each cotenant has a right to enter upon the property and to occupy and use it subject to the rights of all other cotenants. (b) The possession of one cotenant is the possession of any other cotenant. Unless an actual ouster occurs, one cotenant cannot bring an action against …

An act by a cotenant in relation to the property (i) cannot bind another cotenant with respect to a third party unless it was previously authorized or subsequently ratified by the other cotenant and (ii) is presumed to have been done by authority and for the benefit of the other …

(a) Cotenants share proportionally in the rents and profits of the property received from third parties according to their respective interests in the property. (b) If a tenant in common has received more than that tenant in common's share of the rents and profits from the proper…

(a) A cotenant who makes necessary repairs to the property is entitled to contribution from all other cotenants for those repairs unless one of the following applies: (1) Exclusive possession. - The repairs were made by the cotenant during a period when that cotenant had exclusiv…

Nothing in this Article shall be deemed to prohibit cotenants from entering into an agreement with respect to the property, including possession, sharing rents and profits, reimbursement related to the property, and the authority of a cotenant to bind another cotenant. (2024-47, …

A cotenant claiming ouster by another cotenant may bring an action, other than an action for partition, seeking to compel the cotenant in possession to admit the ousted cotenant into possession. (2024-47, s. 1.)

(a) A cotenant without color of title may acquire title to another cotenant's interest in the property by 20 years' adverse possession as provided by G.S. 1-40, subject to the following: (1) Possession of the property by the cotenant is not considered adverse until there is an ac…

(a) Each cotenant may convey, lease, mortgage, place a deed of trust on, or place a lien on that cotenant's undivided interest in the property without the joinder of any other cotenant. (b) The grantee of a cotenant's interest in the property acquires only the interest of the gra…

(a) Cotenants occupy a relationship of trust and confidence to each other as to the property that obligates them to put forth their best efforts to protect and secure the common interest. (b) Tenancy in common does not create a fiduciary relationship among the cotenants unless a …

(a) If a cotenant acquires title to the property upon a sale of the property to pay the debt for which (i) that cotenant is partially liable or (ii) all of the cotenants are liable, the title inures to the benefit of all of the cotenants. (b) If a third party, acting in collusion…

(a) The interest of a cotenant in the property may be sold pursuant to a proceeding for satisfaction of a debt to a creditor, including the following: (1) In an execution sale where the creditor has obtained a judgment lien against that cotenant. (2) Under a power of sale in a mo…

(a) A cotenant may recover possession of the property for the benefit of all of the cotenants from a third party claiming adversely to the cotenants. (b) In an action against a third party for trespass, a cotenant may recover only that cotenant's proportional amount of the total …

Events terminating a tenancy in common include the following: (1) Partition of the property under Chapter 46A of the General Statutes. (2) Voluntary partition of the property among cotenants executing one or more instruments conveying the property held as cotenants to themselves …

Except as otherwise explicitly provided, this Article does not apply to the following: (1) Property in a general partnership covered by Chapter 59 of the General Statutes. (2) An action for partition and its effect under Chapter 46A of the General Statutes. (3) Tenancy in common …

The common law of tenancy in common and principles of equity supplement this Article, except to the extent that they conflict or are inconsistent with the provisions of this Article or the laws of this State. (2024-47, s. 1.)