North Carolina SB 121: GSC Conveyances Between Spouses.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 121

Short Title: GSC Conveyances Between Spouses. (Public)
Sponsors: Senator Galey (Primary Sponsor).
Referred to: Rules and Operations of the Senate
February 24, 2025
*S121-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO PROVIDE FOR THE EFFECT THAT CONVEYANCES OF REAL PROPERTY 2
BETWEEN SPOUSES HAVE ON CERTAIN MARITAL PROPERTY RIGHTS AND TO 3
MAKE TECHNICAL CORRECTIONS, AS RECOMMENDED BY THE GENERAL 4
STATUTES COMMISSION. 5
The General Assembly of North Carolina enacts: 6
SECTION 1.(a) G.S. 29-30 reads as rewritten: 7
"§ 29-30. Election of surviving spouse to take life interest in lieu of intestate share provided. 8
(a) Except as provided in this subsection, in lieu of the intestate share provided in 9
G.S. 29-14 or G.S. 29-21, or of the elective share provided in G.S. 30-3.1, the surviving spouse 10
of an intestate or the surviving spouse who has petitioned for an elective share is entitled to take 11
as the surviving spouse's intestate share or elective share a life estate in one third in value of all 12
the real estate of which the deceased spouse was seised and possessed of an estate of inheritance 13
at any time during coverture. The surviving spouse is not entitled to take a life estate in any of 14
the following circumstances: 15
(1) The surviving spouse has waived the surviving spouse's rights by joining with 16
the other spouse in a conveyance of the real estate. 17
(1a) The surviving spouse has waived the right to take a life estate in lieu of an 18
intestate or elective share by an express written waiver. 19
(2) The surviving spouse has waived, released, or conveyed the surviving spouse's 20
interest in the real estate in accordance with G.S. 52-10. 21
(2a) The surviving spouse has conveyed the surviving spouse's interest in the real 22
estate to the other spouse pursuant to G.S. 39-13.3 or G.S. 41-63(4) and has 23
expressly waived or released the surviving spouse's right to take a life estate 24
in the real estate in the instrument of conveyance. 25
(3) The surviving spouse was not required by law to join in a conveyance of the 26
real estate in order to bar the elective life estate. 27
(3a) The surviving spouse has executed a written declaration permitting the 28
deceased spouse to convey or encumber the real estate without the consent or 29
joinder of the surviving spouse. 30
(3b) The real estate in which the deceased spouse had an interest was either 31
apportioned to or sold to another person in a partition proceeding initiated 32
before the deceased spouse's death. 33
(4) The surviving spouse is otherwise not legally entitled to the election provided 34
in this section. 35

General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 121-First Edition
(b) The surviving spouse may elect to take a life estate in the usual dwelling house 1
occupied by the surviving spouse at the time of the death of the deceased spouse if the dwelling 2
house was owned by the deceased spouse at the time of the deceased spouse's death, together 3
with the outbuildings, improvements improvements, and easements thereunto belonging or 4
appertaining, easements, and lands land upon which the dwelling house is situated and that is 5
reasonably necessary to the its use and enjoyment thereof, as well as enjoyment. The surviving 6
spouse may also elect to take a fee simple ownership in the household furnishings therein, despite 7
the fact that a life estate therein in the dwelling house might exceed the fractional limitation 8
provided for in subsection (a) of this section. If the value of a life estate in the dwelling house is 9
less than the value of a life estate in one-third in value of all the real estate, the surviving spouse 10
may elect to take a life estate in the dwelling and a life estate in such other real estate as to make 11
the aggregate life estate of the surviving spouse equal to a life estate in one-third in value of all 12
the real estate. 13
(c) The election provided for in subsection (a) of this section shall be is made by the filing 14
of a petition in accordance with Article 2 of Chapter 28A of the General Statutes (i) with the 15
clerk of the superior court of the county in which the administration of the estate is pending or 16
(ii) if no administration is pending, then with the clerk of the superior court of any county in 17
which the administration of the estate could be commenced, together with the recording of a 18
notice indicating the county and file number of the clerk's filing with the register of deeds in 19
every county where real property to be claimed under the filing is located. The election shall be 20
made prior to the following applicable periods: 21
(1) In case of testacy, the shorter of (i) within 12 months of the date of death of 22
the deceased spouse if letters testamentary are not issued within that period, 23
or (ii) within one month after the expiration of the time limit for filing a claim 24
for elective sha