(a) A conveyance from a husband or wife to the other spouse of real property or any interest in real property owned by the grantor alone vests the property or interest in the grantee. The conveyance does not waive or release any of the following rights or claims that the grantor may have acquired by marriage in the property conveyed:
(1) A right to an elective life estate under G.S. 29-30, unless the instrument of conveyance expressly waives the right, as provided in G.S. 29-30(a)(2a).
(2) A right or claim to an equitable distribution with respect to the property under G.S. 50-20. A right or claim for equitable distribution shall not be waived or released in the instrument of conveyance.
(b) Recodified as G.S. 41-56(b) by Session Laws 2020-50, s. 1(b), effective June 30, 2020.
(c) Recodified as G.S. 41-63(4) by Session Laws 2020-50, s. 1(b), effective June 30, 2020.
(d) The joinder of the spouse of the grantor in any conveyance made by a husband or a wife pursuant to this section is not necessary.
(e) Repealed by Session Laws 2025-25, s. 48(a), effective October 1, 2025. (1957, c. 598, s. 1; 1965, c. 878, s. 3; 1977, c. 375, s. 9; 2020-50, s. 1(b); 2025-25, s. 48(a).)
Notes of Decisions
Cited in
9
cases (
1 in the last 5 years), 1967–2024 · leading case:
Burgin v. Owen
Burgin v. Owen (2007)
ncctapp · cites it 2×
“39-13, G.S. 39-13.3, G.S. 39-13.4, or G.S. 52-10.”
L & M GAS COMPANY v. Leggett (1968)
nc · cites it 3×
“G.S. 39-13.3 (c). Thus, by express statutory authority, husband has conveyed to her the title which he and she formerly held, not as two individuals but as one — that legal personage known as husband and wife.”
Biesecker v. Biesecker (1983)
ncctapp
“G.S. 39-13.3(c) and (e) expressly allow the type of transaction which occurred between plaintiff and defendant on 17 May 1976.”
Skinner v. Skinner (1976)
ncctapp · cites it 2×
“Subsection (e) of G.S. 39-13.3 further provides that “[a]ny conveyance by a wife authorized by this section is subject to the provisions of G.”
Young v. Young (1979)
ncctapp
“[For minor modifications not here pertinent, see G.S. 39-13.3 and 39-13.5] “an estate by the entirety is an estate where the husband and wife are neither ‘joint tenants’ nor ‘tenants in common’, since they are considered one person in law.”
Council v. Pitt (1967)
nc
“G.S. 39-13.3 (c), enacted as N. C. Sess. Laws, 1957, ch.”
Davis v. Davis (2004)
ncctapp · cites it 3×
“Each deed contained the following language: This deed is executed for the purpose of conveying the Grantor's one-half (½) undivided interest in the above described premises to the Grantee, pursuant to N.C.G.S. § 39-13.3(c). The Grantor waives and quitclaims any right, title and…”
Bost v. Brown (2024)
ncctapp · cites it 4×
“See N.C. Gen. Stat. § 39-13.3 (a) (2023) (“A conveyance from a husband or wife to the other spouse of real property or any interest therein owned by the grantor alone vests such property or interest in the grantee.”
Brown v. Brown (1982)
ncctapp · cites it 3×
“5 allows the creation of tenancies by the entirety by division deeds and G.S. 39-13.3(b) provides that a deed to a husband and wife creates a tenancy by the entirety unless a contrary intention is shown.”
— N.C. Gen. Stat. § 39-13.3(b) — 2 cases
Skinner v. Skinner (1976)
ncctapp
“Subsection (e) of G.S. 39-13.3 further provides that “[a]ny conveyance by a wife authorized by this section is subject to the provisions of G.”
Brown v. Brown (1982)
ncctapp
“5 allows the creation of tenancies by the entirety by division deeds and G.S. 39-13.3(b) provides that a deed to a husband and wife creates a tenancy by the entirety unless a contrary intention is shown.”
— N.C. Gen. Stat. § 39-13.3(c) — 3 cases
L & M GAS COMPANY v. Leggett (1968)
nc
“G.S. 39-13.3 (c). Thus, by express statutory authority, husband has conveyed to her the title which he and she formerly held, not as two individuals but as one — that legal personage known as husband and wife.”
Biesecker v. Biesecker (1983)
ncctapp
“G.S. 39-13.3(c) and (e) expressly allow the type of transaction which occurred between plaintiff and defendant on 17 May 1976.”
Davis v. Davis (2004)
ncctapp
“Each deed contained the following language: This deed is executed for the purpose of conveying the Grantor's one-half (½) undivided interest in the above described premises to the Grantee, pursuant to N.C.G.S. § 39-13.3(c). The Grantor waives and quitclaims any right, title and…”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.