N.C. Gen. Stat. » Chapter 39
NC General Statutes

N.C. Gen. Stat. § 39-13 (2026)

Spouse need not join in purchase-money mortgage

✓ current as of July 2026
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A mortgage or deed of trust given by the purchaser of real property to secure a loan, the proceeds of which were used to pay all or a portion of the purchase price of the encumbered real property, regardless of whether the secured party is the seller of the real property or a third-party lender, shall be good and effectual against the purchaser's spouse as well as the purchaser, without requiring the spouse to join in the execution of the mortgage or deed of trust. (1868-9, c. 204; Code, s. 1272; Rev., s. 958; 1907, c. 12; C.S., s. 1003; 1965, c. 852; 2018-80, s. 1.1; 2020-50, s. 3(a); 2020-69, s. 6(a).)

 

Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 2007–2021 · leading case: Burgin v. Owen, 640 S.E.2d 427 (N.C. Ct. App. 2007).
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Burgin v. Owen, 640 S.E.2d 427 (N.C. Ct. App. 2007). · cites it 2× “This section shall not be construed to require the spouse's joinder where a different provision is made under G.S. 39-13, G.S. 39-13.3, G.S. 39-13.4, or G.”
State v. Sanders, 766 S.E.2d 331 (N.C. 2014). · cites it 2× “§ 39-13 -lll(b) (2009). Subsection 39-13-lll(a) of the Tennessee statutes specifically defines a “domestic abuse victim” as “any person who falls within the following categories:” (1) Adults or minors who are current or former spouses; (2) Adults or minors who live together or…”
State v. Sanders, 753 S.E.2d 713 (N.C. Ct. App. 2014). · cites it 3× “§ 39-13 - 111. However, that statute refers to another statute which the State did not provide to the trial court, namely, Tenn.”
State v. Graham (N.C. 2021). “§ 39-13 - 111(b) (2009), was “substantially similar” to the North Carolina statutory offense of STATE V.”
Oaks v. United States (W.D.N.C. 2019). “§ 39-13-102 (1990) (incorporating definition of regular assault codified at Tenn.”
State v. Graham (N.C. 2021). “§ 39-13 - 111(b) (2009), was “substantially similar” to the North Carolina statutory offense of STATE V.”
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