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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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