NC General Statutes
N.C. Gen. Stat. § 52-5.1 (2026)
Tort actions between husband and wife arising out of acts occurring outside State
✓ current as of July 2026
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A husband and wife shall have a cause of action against each other to recover damages for personal injury, property damage or wrongful death arising out of acts occurring outside of North Carolina, and such action may be brought in this State when both were domiciled in North Carolina at the time of such acts. (1967, c. 855.)
Notes of Decisions
Cited in 2
cases, 1976–1984 · leading case: Henry v. Henry, 229 S.E.2d 158 (N.C. 1976).
Henry v. Henry, 229 S.E.2d 158 (N.C. 1976). “In 1967, the Legislature enacted G.S. 52-5.1 which provides : “A husband and wife shall have a cause of action against each other to recover damages for personal injury, property damage or wrongful death arising out of acts occurring outside of North Carolina, and such action…”
In Re\ Agent Orange\" Prod. Liab. Litig.", 580 F. Supp. 690 (E.D.N.Y 1984). “As already pointed out, states have long looked to federal law for the rule of decision in particular cases even though it was not mandated by the Supremacy Clause. The rationale given by state courts for adhering to the lex loci aproach does not apply here.”
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