State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_52 > GS_52-10

§52‑10.  Contracts between husband and wife generally; releases.

(a)        Contracts betweenhusband and wife not inconsistent with public policy are valid, and any personsof full age about to be  married and married persons may, with or without avaluable consideration, release and quitclaim such rights which they mightrespectively acquire or may have acquired by marriage in the property of eachother; and such releases may be pleaded in bar of any action or proceeding forthe recovery of the rights and estate so released. No contract or releasebetween husband and wife made during their coverture shall be valid to affector change any part of the real estate of either spouse, or the accruing incomethereof for a longer time than three years next ensuing the making of suchcontract or release, unless it is in writing and is acknowledged by bothparties before a certifying officer.

(b)        Such certifyingofficer shall be a notary public, or a justice, judge, magistrate, clerk,assistant clerk or deputy clerk of the General Court of Justice, or theequivalent or corresponding officers  of the state, territory or foreigncountry where the acknowledgment is made. Such officer must not be a party tothe contract.

(c)        This section shallnot apply to any judgment of the superior court or other State court ofcompetent jurisdiction, which, by reason of its being consented to by a husbandand wife, or their attorneys, may be construed to constitute a contract orrelease between such husband and wife. (1871‑2, c. 193, s. 28;Code, s. 1836; Rev., s. 2108; C.S., s. 2516; 1959, c. 879, s. 12; 1965, c. 878,s. 1; 1977, c. 375, s. 2.)