NC General Statutes
N.C. Gen. Stat. § 39-13.6 (2026)
Control of real property held in tenancy by the entirety
✓ current as of July 2026
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(a) Recodified as G.S. 41-58 by Session Laws 2020-50, s. 1(b), effective June 30, 2020.
(b) Recodified as G.S. 41-56(a) by Session Laws 2020-50, s. 1(b), effective June 30, 2020.
(c) Recodified as G.S. 41-59(b) by Session Laws 2020-50, s. 1(b), effective June 30, 2020. (1981 (Reg. Sess., 1982), c. 1245, s. 1; 1983, c. 449, ss. 1, 2; 2020-50, s. 1(b).)
§ 39-13.7: Recodified as G.S. 41-65 by Session Laws 2020-50, s. 1(b), effective June 30, 2020.
§ 39-14: Repealed by Session Laws 1943, c. 543.
Fraudulent Conveyances.
§§ 39-15 through 39-23: Repealed by Session Laws 1997-291, s. 1.
Article 3A.
Uniform Voidable Transactions Act.
Notes of Decisions
Cited in 20
cases, 1983–2017 · leading case: Burgin v. Owen, 640 S.E.2d 427 (N.C. Ct. App. 2007).
Burgin v. Owen, 640 S.E.2d 427 (N.C. Ct. App. 2007). “Pursuant to N.C.G.S. § 39-13.6, absent written authorized agency of a spouse, tenants by the entirety cannot be the subject of a complaint for specific performance, or breach of contract as to real property unless the Offer to Purchase and Contract is signed by both spouses.”
Spears v. Spears, 784 S.E.2d 485 (N.C. Ct. App. 2016). “Under N.C. Gen.Stat. § 39-13.6(a), "[n]either spouse may bargain, sell, lease, mortgage, transfer, convey or in any manner encumber any property so held without the written joinder of the other spouse.”
Parker v. Glosson, 641 S.E.2d 735 (N.C. Ct. App. 2007). “6, 2007) (affirming the trial court order which granted the defendant’s Rule 12(b)(6) motion to dismiss plaintiffs complaint alleging breach of contract and specific performance because (1) N.C. Gen. Stat. § 39-13.6 (a) (2005) provides that a husband may not convey real property…”
Perry v. Perry, 341 S.E.2d 53 (N.C. Ct. App. 1986). “At the outset, we note that the parties, by their pleadings, sought only a ruling as to whether G.S. 39-13.6 should be construed to apply to estates by the entirety created before 1 January 1983 (hereinafter referred to as “pre-1983 estates by the entirety”).”
Purchase Nursery, Inc. v. Edgerton, 568 S.E.2d 904 (N.C. Ct. App. 2002). “In their brief, defendants rely on N.C. Gen. Stat. § 39-13.6 (a), which states “Neither spouse may bargain, sell, lease, mortgage, transfer, convey or in any manner encumber any property so held [in tenancy by the entirety] without the written joinder of the other spouse.”
Kennedy v. Kennedy, 421 S.E.2d 795 (N.C. Ct. App. 1992). “See N.C.G.S. § 39-13.6 (1984) (when property is held in tenancy by the entirety, husband and wife have equal right to rents and, for income tax purposes, each spouse is considered *701 to have received one-half of the income from the property).”
Plasman v. Decca Furniture (USA), Inc., 800 S.E.2d 761 (N.C. Ct. App. 2017). “Spears has no application here, for the protections afforded real property held by spouses as tenants by the entirety do not apply in this instance.”
Lawrence v. Lawrence, 394 S.E.2d 267 (N.C. Ct. App. 1990). “39-13.6(b) in arguing that a deed naming a man and wife as grantees vests title in the two as tenants by the entireties.”
Bank of Am., N.A. v. Gallo (In re Gallo), 539 B.R. 88 (Bankr. E.D.N.C. 2015). “See N.C.G.S. § 39-13.6 (“Neither spouse may bargain, sell, lease, mortgage, transfer, convey or in any manner encumber any property so held without the written join-der of the other spouse.”
Algernon L. Butler, Jr., Tr. in Bankr. for Cheryl Lynn Harper v. Nationsbank, N.A. (Formerly Ncnb Nat'l Bank of North Carolina), 58 F.3d 1022 (4th Cir. 1995). “See N.C.G.S. § 39-13.6. This does not mean, however, that Cheryl's signature was also required on the promissory note.”
In Re Knapp, 285 B.R. 176 (Bankr. M.D.N.C. 2002). “§ 39-13.6. Accordingly, real property owned as tenants by the entirety in North Carolina is not subject to a claim by a creditor against only one spouse.”
In Re Britt, 368 B.R. 471 (Bankr. E.D.N.C. 2007). “N.C. Gen.Stat. § 39-13.6(c). As mentioned previously, N.”
— N.C. Gen. Stat. § 39-13.6(a) — 4 cases
Spears v. Spears, 784 S.E.2d 485 (N.C. Ct. App. 2016). “Under N.C. Gen.Stat. § 39-13.6(a), "[n]either spouse may bargain, sell, lease, mortgage, transfer, convey or in any manner encumber any property so held without the written joinder of the other spouse.”
Burgin v. Owen, 640 S.E.2d 427 (N.C. Ct. App. 2007). “Pursuant to N.C.G.S. § 39-13.6, absent written authorized agency of a spouse, tenants by the entirety cannot be the subject of a complaint for specific performance, or breach of contract as to real property unless the Offer to Purchase and Contract is signed by both spouses.”
Parker v. Glosson, 641 S.E.2d 735 (N.C. Ct. App. 2007). “6, 2007) (affirming the trial court order which granted the defendant’s Rule 12(b)(6) motion to dismiss plaintiffs complaint alleging breach of contract and specific performance because (1) N.C. Gen. Stat. § 39-13.6 (a) (2005) provides that a husband may not convey real property…”
Perry v. Perry, 341 S.E.2d 53 (N.C. Ct. App. 1986). “At the outset, we note that the parties, by their pleadings, sought only a ruling as to whether G.S. 39-13.6 should be construed to apply to estates by the entirety created before 1 January 1983 (hereinafter referred to as “pre-1983 estates by the entirety”).”
— N.C. Gen. Stat. § 39-13.6(b) — 1 case
Lawrence v. Lawrence, 394 S.E.2d 267 (N.C. Ct. App. 1990). “39-13.6(b) in arguing that a deed naming a man and wife as grantees vests title in the two as tenants by the entireties.”
— N.C. Gen. Stat. § 39-13.6(c) — 1 case
In Re Britt, 368 B.R. 471 (Bankr. E.D.N.C. 2007). “N.C. Gen.Stat. § 39-13.6(c). As mentioned previously, N.”
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