§39‑13.4. Conveyances by husband or wife under deed of separation.
Any conveyance of realproperty, or any interest therein, by the husband or wife who have previouslyexecuted a valid and lawful deed of separation which authorizes said husband orwife to convey real property or any interest therein without the consent andjoinder of the other and which deed of separation or a memorandum of the deedof separation setting forth such authorization is recorded in the county wherethe land lies, shall be valid to pass such title as the conveying spouse mayhave to his or her grantee and shall pass such title free and clear of allrights in such property and free and clear of such interest in property thatthe other spouse might acquire solely as a result of the marriage, includingany rights arising under G.S. 29‑30, unless an instrument in writingcanceling the deed of separation or memorandum thereof and properly executedand acknowledged by said husband and wife is recorded in the office of saidregister of deeds. The instrument which is registered under this section toauthorize the conveyance of an interest in real property or the cancellation ofthe deed of separation or memorandum thereof shall comply with the provisionsof G.S. 52‑10 or 52‑10.1.
All conveyances of anyinterest in real property by a spouse who had previously executed a valid andlawful deed of separation, or separation agreement, or property settlement,which authorized the parties thereto to convey real property or any interesttherein without the consent and joinder of the other, when said deed ofseparation, separation agreement, or property settlement, or a memorandum ofthe deed of separation, separation agreement, property settlement, settingforth such authorization, had been previously recorded in the county where theproperty is located, and when such conveyances were executed before October 1,1981, shall be valid to pass such title as the conveying spouse may have to hisor her grantee, and shall pass such to him free and clear of rights in suchproperty and free and clear of such interest in such property that the otherspouse might acquire solely as a result of the marriage, including any rightsarising under G.S. 29‑30, unless an instrument in writing canceling thedeed of separation, separation agreement, or property settlement, or memorandumthereof, properly executed and acknowledged by said husband and wife, isrecorded in the office of said register of deeds. The instrument which isregistered under this section to authorize the conveyance of an interest inreal property or the cancellation of the deed of separation, separationagreement, property settlement, or memorandum thereof shall comply with G.S. 52‑10or 52‑10.1. (1959, c. 512; 1973, c. 133; 1977, c. 375, s. 10; 1981,c. 599, ss. 10, 11.)
§39‑13.4. Conveyances by husband or wife under deed of separation.
Any conveyance of realproperty, or any interest therein, by the husband or wife who have previouslyexecuted a valid and lawful deed of separation which authorizes said husband orwife to convey real property or any interest therein without the consent andjoinder of the other and which deed of separation or a memorandum of the deedof separation setting forth such authorization is recorded in the county wherethe land lies, shall be valid to pass such title as the conveying spouse mayhave to his or her grantee and shall pass such title free and clear of allrights in such property and free and clear of such interest in property thatthe other spouse might acquire solely as a result of the marriage, includingany rights arising under G.S. 29‑30, unless an instrument in writingcanceling the deed of separation or memorandum thereof and properly executedand acknowledged by said husband and wife is recorded in the office of saidregister of deeds. The instrument which is registered under this section toauthorize the conveyance of an interest in real property or the cancellation ofthe deed of separation or memorandum thereof shall comply with the provisionsof G.S. 52‑10 or 52‑10.1.
All conveyances of anyinterest in real property by a spouse who had previously executed a valid andlawful deed of separation, or separation agreement, or property settlement,which authorized the parties thereto to convey real property or any interesttherein without the consent and joinder of the other, when said deed ofseparation, separation agreement, or property settlement, or a memorandum ofthe deed of separation, separation agreement, property settlement, settingforth such authorization, had been previously recorded in the county where theproperty is located, and when such conveyances were executed before October 1,1981, shall be valid to pass such title as the conveying spouse may have to hisor her grantee, and shall pass such to him free and clear of rights in suchproperty and free and clear of such interest in such property that the otherspouse might acquire solely as a result of the marriage, including any rightsarising under G.S. 29‑30, unless an instrument in writing canceling thedeed of separation, separation agreement, or property settlement, or memorandumthereof, properly executed and acknowledged by said husband and wife, isrecorded in the office of said register of deeds. The instrument which isregistered under this section to authorize the conveyance of an interest inreal property or the cancellation of the deed of separation, separationagreement, property settlement, or memorandum thereof shall comply with G.S. 52‑10or 52‑10.1. (1959, c. 512; 1973, c. 133; 1977, c. 375, s. 10; 1981,c. 599, ss. 10, 11.)
§39‑13.4. Conveyances by husband or wife under deed of separation.
Any conveyance of realproperty, or any interest therein, by the husband or wife who have previouslyexecuted a valid and lawful deed of separation which authorizes said husband orwife to convey real property or any interest therein without the consent andjoinder of the other and which deed of separation or a memorandum of the deedof separation setting forth such authorization is recorded in the county wherethe land lies, shall be valid to pass such title as the conveying spouse mayhave to his or her grantee and shall pass such title free and clear of allrights in such property and free and clear of such interest in property thatthe other spouse might acquire solely as a result of the marriage, includingany rights arising under G.S. 29‑30, unless an instrument in writingcanceling the deed of separation or memorandum thereof and properly executedand acknowledged by said husband and wife is recorded in the office of saidregister of deeds. The instrument which is registered under this section toauthorize the conveyance of an interest in real property or the cancellation ofthe deed of separation or memorandum thereof shall comply with the provisionsof G.S. 52‑10 or 52‑10.1.
All conveyances of anyinterest in real property by a spouse who had previously executed a valid andlawful deed of separation, or separation agreement, or property settlement,which authorized the parties thereto to convey real property or any interesttherein without the consent and joinder of the other, when said deed ofseparation, separation agreement, or property settlement, or a memorandum ofthe deed of separation, separation agreement, property settlement, settingforth such authorization, had been previously recorded in the county where theproperty is located, and when such conveyances were executed before October 1,1981, shall be valid to pass such title as the conveying spouse may have to hisor her grantee, and shall pass such to him free and clear of rights in suchproperty and free and clear of such interest in such property that the otherspouse might acquire solely as a result of the marriage, including any rightsarising under G.S. 29‑30, unless an instrument in writing canceling thedeed of separation, separation agreement, or property settlement, or memorandumthereof, properly executed and acknowledged by said husband and wife, isrecorded in the office of said register of deeds. The instrument which isregistered under this section to authorize the conveyance of an interest inreal property or the cancellation of the deed of separation, separationagreement, property settlement, or memorandum thereof shall comply with G.S. 52‑10or 52‑10.1. (1959, c. 512; 1973, c. 133; 1977, c. 375, s. 10; 1981,c. 599, ss. 10, 11.)
