N.C. Gen. Stat. » Chapter 52
NC General Statutes

N.C. Gen. Stat. § 52-4 (2026)

Earnings and damages

✓ current as of July 2026
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The earnings of a married person by virtue of any contract for his or her personal service, and any damages for personal injuries, or other tort sustained by either, can be recovered by such person suing alone, and such earnings or recovery shall be his or her sole and separate property. (1913, c. 13, s. 1; C.S., s. 2513; 1965, c. 878, s. 1.)

 

Notes of Decisions
Cited in 6 cases, 1967–2007 · leading case: Johnson v. Johnson, 346 S.E.2d 430 (N.C. 1986).
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Johnson v. Johnson, 346 S.E.2d 430 (N.C. 1986). · cites it 48× “, is grounded on the premise that N.C.G.S. § 52-4 "established beyond dispute that the personal injury recoveries of all married women in this state are their `sole and separate property'; as, of course, the personal injury recoveries of married men had been since time…”
State v. Stroud, 557 S.E.2d 544 (N.C. Ct. App. 2001). · cites it 22× “These statutes were later codified as N.C. Gen.Stat. § 52-4 (1999) and N.C. Gen.”
Johnson v. Johnson, 331 S.E.2d 211 (N.C. Ct. App. 1985). · cites it 12× “By enacting former G.S. 52-4 in 1913, it was established beyond dispute that the personal injury recoveries of all married women in this state are their "sole and separate property;" as, of course, the personal injury recoveries of married men had been since time immemorial.”
Baker v. Lanier Marine Liquidators, Inc., 654 S.E.2d 41 (N.C. Ct. App. 2007). · cites it 2× “Gray Wilson, North Carolina Civil Procedure § 52-4, at 200-201 (2d ed.1995). In the instant case, there is evidence in the record to support the presumed findings of fact by the court, and its denial of defendant's motion to dismiss for lack of personal jurisdiction should be…”
Nicholson v. Hugh Chatham Mem'l Hosp., Inc., 266 S.E.2d 818 (N.C. 1980). “The legislature further clarified a wife’s legal position in 1913 by enacting the precursor to our present G.S. 52-4. That statute provided that any damage for her own personal injuries could be recovered by a wife suing alone.”
Fullam v. Brock, 155 S.E.2d 737 (N.C. 1967). “” Section 4% of this Act provided in substance that in the event a majority of the voters in such general election be in favor of the amendments hereinbefore provided for, G.S. 52-4 shall be repealed and said repeal shall be effective on the date the Governor certifies the…”
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