NC General Statutes
N.C. Gen. Stat. § 52-5 (2026)
Torts between husband and wife
✓ current as of July 2026
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A husband and wife have a cause of action against each other to recover damages sustained to their person or property as if they were unmarried. (1951, c. 263; 1965, c. 878, s. 1.)
Notes of Decisions
Cited in 6
cases, 1944–2001 · leading case: State v. Stroud, 557 S.E.2d 544 (N.C. Ct. App. 2001).
State v. Stroud, 557 S.E.2d 544 (N.C. Ct. App. 2001). “N.C. Gen.Stat. § 52-5 (1999) provides that "[a] husband and wife have a cause of action against each other to recover damages sustained to their person or property as if they were unmarried.”
Carver v. Carver, 286 S.E.2d 799 (N.C. Ct. App. 1982). “1, now codified as G.S. 52-5 2 . The following quote is pertinent to our decision here.”
Cummings v. Locklear, 183 S.E.2d 832 (N.C. Ct. App. 1971). “G.S. 52-5. Therefore, under the provisions of G.”
Britt v. Smith, 169 S.E.2d 482 (N.C. Ct. App. 1969). “” G.S. 52-5 repealed and rewritten by section 1 of Chapter 878, N.”
Buford v. Mochy, 224 N.C. 235 (N.C. 1944). “Even these requirements are not ironclad, as the law of the Medes and Persians. They may be set at naught by the insanity of the husband, Lancaster v.”
Ayers v. Ayers, 152 S.E.2d 468 (N.C. 1967). “2d 288 : “At common law one spouse could not sue the other for personal injuries negligently inflicted.”
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