39-13. Spouse need not join in purchase-money mortgage.
A mortgage or deed of trust given by the purchaser of real property to secure a loan, the proceeds of which were used to pay all or a portion of the purchase price of the encumbered real property, regardless of whether the secured party is the seller of the real property or a third-party lender, shall be good and effectual against the purchaser's spouse as well as the purchaser, without requiring the spouse to join in the execution of the mortgage or deed of trust. (1868-9, c. 204; Code, s. 1272; Rev., s. 958; 1907, c. 12; C.S., s. 1003; 1965, c. 852; 2018-80, s. 1.1; 2020-50, s. 3(a); 2020-69, s. 6(a).)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 2 - Conveyances by Husband and Wife.
§ 39-7 - Instruments affecting married person's title; joinder of spouse; exceptions.
§ 39-7.1 - Certain instruments affecting married woman's title not executed by husband validated.
§ 39-8 - Acknowledgment at different times and places; before different officers; order immaterial.
§ 39-9 - Absence of wife's acknowledgment does not affect deed as to husband.
§ 39-11 - Certain conveyances not affected by fraud if acknowledgment or privy examination regular.
§ 39-12 - Power of attorney of married person.
§ 39-13 - Spouse need not join in purchase-money mortgage.
§ 39-13.3 - Conveyances between husband and wife.
§ 39-13.4 - Conveyances by husband or wife under deed of separation.
§ 39-13.5 - Recodified as G.S41-56(c) by Session Laws 2020-50, s1(b), effective June 30, 2020.
§ 39-13.6 - Control of real property held in tenancy by the entirety.
§ 39-13.7 - Recodified as G.S41-65 by Session Laws 2020-50, s1(b), effective June 30, 2020.