North Carolina General Statutes 41-64. Termination of tenancy by the entirety upon death of a spouse
Terms Used In North Carolina General Statutes 41-64
- Decedent: A deceased person.
- Devise: To gift property by will.
- property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
(a) Except as provided in subsection (b) of this section, upon the death of a spouse, property held as tenants by the entirety belongs to the surviving spouse by right of purchase under the original grant or devise and by virtue of survivorship. The deceased spouse has no estate which is descendable or divisible.
(b) Where a slayer, as defined in N.C. Gen. Stat. § 31A-3(3), and decedent hold property as tenants by the entirety, one-half of the property shall pass upon the death of the decedent to the decedent’s estate, and one-half shall be held by the slayer during the slayer’s life, subject to pass upon the slayer’s death to the slain decedent’s heirs or devisees as defined in N.C. Gen. Stat. § 28A-1-1. (1961, c. 210, s. 1; 1979, c. 572; 2020-50, s. 1(a)-(c).)