41-58. Possession and control of entireties property.
(a) Spouses shall have an equal right to the control, use, possession, and income from property held by them as tenants by the entirety.
(b) Neither spouse may bargain, sell, lease, mortgage, transfer, convey, sign, pay out, or in any manner encumber any property held by them as tenants by the entirety without the written joinder of the other spouse. This section shall not be construed to require the spouse's joinder where a different provision is made under G.S. 41-56(b), G.S. 41-63(4), G.S. 39-13, G.S. 39-13.3, G.S. 39-13.4, or G.S. 52-10.
(c) The mortgage or sale of an interest in real property held by spouses as tenants by the entirety where one or both spouses is incompetent is governed by the provisions of Article 15 of Chapter 35A of the General Statutes. (1981 (Reg. Sess., 1982), c. 1245, s. 1; 1983, c. 449, ss. 1, 2; 2020-50, s. 1(a)-(c).)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 5 - Tenancy by the Entirety.
§ 41-56 - Creation of tenancy by the entirety.
§ 41-57 - Presumption of gift by spouse furnishing consideration.
§ 41-58 - Possession and control of entireties property.
§ 41-59 - Income derived from entireties property.
§ 41-60 - Liability of entireties property for debts of spouses.
§ 41-61 - Reimbursement for expenditures made on entireties property.
§ 41-62 - Insurance coverage and character of proceeds.
§ 41-64 - Termination of tenancy by the entirety upon death of a spouse.
§ 41-65 - Entireties property conveyed to trusts.
§ 41-66 - Common law of tenancy by the entirety; equitable principles.