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North Carolina General Statutes: POWERS AND
LIABILITIES OF MARRIED PERSONS
§ 52-1. Property of married persons secured
The real and personal property of any married person
in this State, acquired before marriage or to which
he or she may after marriage become in any manner
entitled, shall be and remain the sole and separate
estate and property of such married person and may
be devised, bequeathed and conveyed by such married
person subject to G.S. 50-20 and such other
regulations and limitations as the General Assembly
may prescribe.
§ 52-2. Capacity to contract
Subject to the provisions of G.S. 52-10 or 52-10.1,
G.S. 39-7 and other regulations and limitations now
or hereafter prescribed by the General Assembly,
every married person is authorized to contract and
deal so as to affect his or her real and personal
property in the same manner and with the same effect
as if he or she were unmarried.
§ 52-3. Married person may insure spouse's life
Any married person in his or her own name, or in the
name of a trustee with his assent, may cause to be
insured for any definite time the life of his or her
spouse, for his or her sole and separate use, and
may dispose of the interest in the same by will.
§ 52-4. Earnings and damages
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.
§ 52-5. Torts between husband and wife
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.
§ 52-5.1. Tort actions between husband and wife
arising out of acts occurring outside State
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.
§ 52-7. Validation of certificates of notaries
public as to contracts or conveyances between
husband and wife
Any contract between husband and wife coming within
the provisions of G.S. 52-6, executed prior to the
first day of January, 1955, acknowledged before a
notary public and containing a certificate of the
notary public of his conclusions and findings of
fact that such conveyance is not unreasonable or
injurious to the wife, is hereby in all respects
validated and confirmed, to the same extent as
though said certifying officer were one of the
officers named in G.S. 52-6.
§ 52-8. Validation of contracts failing to comply
with provisions of former § 52-6
Any contract between husband and wife coming within
the provisions of G.S. 52-6 executed between January
1, 1930, and January 1, 1978, which does not comply
with the requirement of a private examination of the
wife or with the requirements that there be findings
that such a contract between a husband and wife is
not unreasonable or injurious to the wife and which
is in all other respects regular is hereby validated
and confirmed to the same extent as if the
examination of the wife had been separate and apart
from the husband. This section shall not affect
pending litigation.
§ 52-9. Effect of absolute divorce decree on
certificate failing to comply with § 52-6
Whenever it appears that, since the execution of a
contract between a husband and wife in which the
certificate of acknowledgment thereof fails to
comply with the requirements of G.S. 52-6, a valid
decree of absolute divorce between said husband and
wife has been rendered, no action shall be
maintained by her or anyone claiming under her for
the recovery of the possession of, or to establish
title to any interest in any property described in
such contract unless such action is commenced within
seven years after such decree of absolute divorce
has become final or unless such action is commenced
before January 1, 1978, whichever date is earlier.
§ 52-10. Contracts between husband and wife
generally; releases
(a) Contracts between husband and wife not
inconsistent with public policy are valid, and any
persons of full age about to be married and married
persons may, with or without a valuable
consideration, release and quitclaim such rights
which they might respectively acquire or may have
acquired by marriage in the property of each other;
and such releases may be pleaded in bar of any
action or proceeding for the recovery of the rights
and estate so released. No contract or release
between husband and wife made during their coverture
shall be valid to affect or change any part of the
real estate of either spouse, or the accruing income
thereof for a longer time than three years next
ensuing the making of such contract or release,
unless it is in writing and is acknowledged by both
parties before a certifying officer.
(b) Such certifying officer shall be a notary
public, or a justice, judge, magistrate, clerk,
assistant clerk or deputy clerk of the General Court
of Justice, or the equivalent or corresponding
officers of the state, territory or foreign country
where the acknowledgment is made. Such officer must
not be a party to the contract.
(c) This section shall not apply to any judgment of
the superior court or other State court of competent
jurisdiction, which, by reason of its being
consented to by a husband and wife, or their
attorneys, may be construed to constitute a contract
or release between such husband and wife.
§ 52-10.1. Separation agreements
Any married couple is hereby authorized to execute a
separation agreement not inconsistent with public
policy which shall be legal, valid, and binding in
all respects; provided, that the separation
agreement must be in writing and acknowledged by
both parties before a certifying officer as defined
in G.S. 52-10(b). Such certifying officer must not
be a party to the contract. This section shall not
apply to any judgment of the superior court or other
State court of competent jurisdiction, which, by
reason of its being consented to by a husband and
wife, or their attorneys, may be construed to
constitute a separation agreement between such
husband and wife.
§ 52-10.2. Resumption of marital relations defined
"Resumption of marital relations" shall be
defined as voluntary renewal of the husband and wife
relationship, as shown by the totality of the
circumstances. Isolated incidents of sexual
intercourse between the parties shall not constitute
resumption of marital relations.
§ 52-11. Antenuptial contracts and torts
The liability of a married person for any debts
owing, or contracts made or damages incurred before
marriage shall not be impaired or altered by such
marriage. No person shall by marriage incur any
liability for any debts owing, or contracts made, or
for wrongs done by his or her spouse before the
marriage.
§ 52-12. Postnuptial crimes and torts
No married person shall be liable for damages
accruing from any tort committed by his or her
spouse, or for any costs or fines incurred in any
criminal proceeding against such spouse.
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