State Codes and Statutes

Statutes > North-carolina > Chapter_31A > GS_31A-1

Chapter31A.

Acts Barring Property Rights.

Article 1.

Rights of Spouse.

§ 31A‑1.  Acts barringrights of spouse.

(a)        The followingpersons shall lose the rights specified in subsection (b) of this section:

(1)        A spouse from whomor by whom an absolute divorce or marriage annulment has been obtained or fromwhom a divorce from bed and board has been obtained; or

(2)        A spouse whovoluntarily separates from the other spouse and lives in adultery and such hasnot been condoned; or

(3)        A spouse whowilfully and without just cause abandons and refuses to live with the otherspouse and is not living with the other spouse at the time of such spouse'sdeath; or

(4)        A spouse who obtainsa divorce the validity of which is not recognized under the laws of this State;or

(5)        A spouse whoknowingly contracts a bigamous marriage.

(b)        The rights lost asspecified in subsection (a) of this section shall be as follows:

(1)        All rights ofintestate succession in the estate of the other spouse;

(2)        All right to claimor succeed to a homestead in the real property of the other spouse;

(3)        All right topetition for an elective share of the estate of the other spouse and takeeither the elective intestate share provided or the life interest in lieuthereof;

(4)        All right to anyyear's allowance in the personal property of the other spouse;

(5)        All right toadminister the estate of the other spouse; and

(6)        Any rights orinterests in the property of the other spouse which by a settlement before orafter marriage were settled upon the offending spouse solely in considerationof the marriage.

(c)        Any act specifiedin subsection (a) of this section may be pleaded in bar of any action orproceeding for the recovery of such rights, interests or estate as set forth insubsection (b) of this section.

(d)        The spouse not atfault may sell and convey his or her real and personal property without thejoinder of the other spouse, and thereby bar the other spouse of all right,title and interest therein in the following instances:

(1)        During the continuanceof a separation arising from a divorce from bed and board as specified insubsection (a)(1) of this section, or

(2)        During thecontinuance of a separation arising from adultery as specified in subsection(a)(2) of this section, or during the continuance of a separation arising froman abandonment as specified in subsection (a)(3) of this section, or

(3)        When a divorce isgranted as specified in subsection (a)(4) of this section, or a bigamousmarriage contracted as specified in subsection (a)(5) of this section. (1961,c. 210, s. 1; 1965, c. 850; 2000‑178, s. 6.)

State Codes and Statutes

Statutes > North-carolina > Chapter_31A > GS_31A-1

Chapter31A.

Acts Barring Property Rights.

Article 1.

Rights of Spouse.

§ 31A‑1.  Acts barringrights of spouse.

(a)        The followingpersons shall lose the rights specified in subsection (b) of this section:

(1)        A spouse from whomor by whom an absolute divorce or marriage annulment has been obtained or fromwhom a divorce from bed and board has been obtained; or

(2)        A spouse whovoluntarily separates from the other spouse and lives in adultery and such hasnot been condoned; or

(3)        A spouse whowilfully and without just cause abandons and refuses to live with the otherspouse and is not living with the other spouse at the time of such spouse'sdeath; or

(4)        A spouse who obtainsa divorce the validity of which is not recognized under the laws of this State;or

(5)        A spouse whoknowingly contracts a bigamous marriage.

(b)        The rights lost asspecified in subsection (a) of this section shall be as follows:

(1)        All rights ofintestate succession in the estate of the other spouse;

(2)        All right to claimor succeed to a homestead in the real property of the other spouse;

(3)        All right topetition for an elective share of the estate of the other spouse and takeeither the elective intestate share provided or the life interest in lieuthereof;

(4)        All right to anyyear's allowance in the personal property of the other spouse;

(5)        All right toadminister the estate of the other spouse; and

(6)        Any rights orinterests in the property of the other spouse which by a settlement before orafter marriage were settled upon the offending spouse solely in considerationof the marriage.

(c)        Any act specifiedin subsection (a) of this section may be pleaded in bar of any action orproceeding for the recovery of such rights, interests or estate as set forth insubsection (b) of this section.

(d)        The spouse not atfault may sell and convey his or her real and personal property without thejoinder of the other spouse, and thereby bar the other spouse of all right,title and interest therein in the following instances:

(1)        During the continuanceof a separation arising from a divorce from bed and board as specified insubsection (a)(1) of this section, or

(2)        During thecontinuance of a separation arising from adultery as specified in subsection(a)(2) of this section, or during the continuance of a separation arising froman abandonment as specified in subsection (a)(3) of this section, or

(3)        When a divorce isgranted as specified in subsection (a)(4) of this section, or a bigamousmarriage contracted as specified in subsection (a)(5) of this section. (1961,c. 210, s. 1; 1965, c. 850; 2000‑178, s. 6.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_31A > GS_31A-1

Chapter31A.

Acts Barring Property Rights.

Article 1.

Rights of Spouse.

§ 31A‑1.  Acts barringrights of spouse.

(a)        The followingpersons shall lose the rights specified in subsection (b) of this section:

(1)        A spouse from whomor by whom an absolute divorce or marriage annulment has been obtained or fromwhom a divorce from bed and board has been obtained; or

(2)        A spouse whovoluntarily separates from the other spouse and lives in adultery and such hasnot been condoned; or

(3)        A spouse whowilfully and without just cause abandons and refuses to live with the otherspouse and is not living with the other spouse at the time of such spouse'sdeath; or

(4)        A spouse who obtainsa divorce the validity of which is not recognized under the laws of this State;or

(5)        A spouse whoknowingly contracts a bigamous marriage.

(b)        The rights lost asspecified in subsection (a) of this section shall be as follows:

(1)        All rights ofintestate succession in the estate of the other spouse;

(2)        All right to claimor succeed to a homestead in the real property of the other spouse;

(3)        All right topetition for an elective share of the estate of the other spouse and takeeither the elective intestate share provided or the life interest in lieuthereof;

(4)        All right to anyyear's allowance in the personal property of the other spouse;

(5)        All right toadminister the estate of the other spouse; and

(6)        Any rights orinterests in the property of the other spouse which by a settlement before orafter marriage were settled upon the offending spouse solely in considerationof the marriage.

(c)        Any act specifiedin subsection (a) of this section may be pleaded in bar of any action orproceeding for the recovery of such rights, interests or estate as set forth insubsection (b) of this section.

(d)        The spouse not atfault may sell and convey his or her real and personal property without thejoinder of the other spouse, and thereby bar the other spouse of all right,title and interest therein in the following instances:

(1)        During the continuanceof a separation arising from a divorce from bed and board as specified insubsection (a)(1) of this section, or

(2)        During thecontinuance of a separation arising from adultery as specified in subsection(a)(2) of this section, or during the continuance of a separation arising froman abandonment as specified in subsection (a)(3) of this section, or

(3)        When a divorce isgranted as specified in subsection (a)(4) of this section, or a bigamousmarriage contracted as specified in subsection (a)(5) of this section. (1961,c. 210, s. 1; 1965, c. 850; 2000‑178, s. 6.)

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