N.C. Gen. Stat. » Chapter 41
NC General Statutes

N.C. Gen. Stat. § 41-58 (2026)

Possession and control of entireties property

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(a) Spouses shall have an equal right to the control, use, possession, and income from property held by them as tenants by the entirety.

(b) Neither spouse may bargain, sell, lease, mortgage, transfer, convey, sign, pay out, or in any manner encumber any property held by them as tenants by the entirety without the written joinder of the other spouse. This section shall not be construed to require the spouse's joinder where a different provision is made under G.S. 41-56(b), G.S. 41-63(4), G.S. 39-13, G.S. 39-13.3, G.S. 39-13.4, or G.S. 52-10.

(c) The mortgage or sale of an interest in real property held by spouses as tenants by the entirety where one or both spouses is incompetent is governed by the provisions of Article 15 of Chapter 35A of the General Statutes. (1981 (Reg. Sess., 1982), c. 1245, s. 1; 1983, c. 449, ss. 1, 2; 2020-50, s. 1(a)-(c).)

 

Notes of Decisions
Cited in 5 cases (5 in the last 5 years), 2022–2025 · leading case: Bryan v. Kittinger, 871 S.E.2d 560 (N.C. Ct. App. 2022).
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Bryan v. Kittinger, 871 S.E.2d 560 (N.C. Ct. App. 2022). · cites it 8× “4 The 2020 covenant was signed by eleven (11) individuals, each purportedly having an ownership in a different lot within Sleepy Hollow.”
Ronald Morgan v. Daniel Bruton, 99 F.4th 206 (4th Cir. 2024). “C. Gen. Stat. § 41-58 (a) (providing that tenants by the entirety “shall have an equal right to the control, use, possession, and income from [the] property”); id.”
Bryan v. Kittinger, 871 S.E.2d 560 (N.C. Ct. App. 2022). · cites it 8× “4 The 2020 covenant was signed by eleven (11) individuals, each purportedly having an ownership in a different lot within Sleepy Hollow.”
In Re: Ronald Lee Morgan, No. 1:21-cv-00891 (M.D.N.C. Aug. 12, 2022). · cites it 2× “N.C. Gen. Stat. § 41-58 (a)–(b). Thus, this Court finds Craft controlling in this case.”
John Carr Smith, No. 24-00608 (Bankr. E.D.N.C. Feb. 10, 2025). · cites it 2× “” N.C. Gen. Stat. § 41-58 (a). Additionally, “[i]ncome derived from property held by spouses as tenants by the entirety becomes personal property held by the spouses as tenants in common in equal shares.”
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