41-70. Definitions. For the purposes of this Article, the following definitions apply: (1) Conveyance. – A transfer of title to real or personal property by deed, devise, assignment, or other means of transferring title. (2) Termination. – A severance of the right of survivorship resulting in the creation of a tenancy in common as provided […]
41-71. Creation of a joint tenancy with right of survivorship. (a) A conveyance to two or more persons creates a tenancy in common unless a joint tenancy with right of survivorship is created as provided in subsection (b) of this section or a tenancy by the entirety is created as provided by the law governing […]
41-72. Determination of the interests of joint tenants in a joint tenancy with right of survivorship. (a) The interests of joint tenants in a joint tenancy with right of survivorship shall be deemed to be equal unless otherwise provided in the instrument of conveyance. (b) This section shall apply to any conveyance of an interest […]
41-73. Termination of a joint tenancy with right of survivorship. (a) Events terminating a joint tenancy with right of survivorship due to the collective action of all joint tenants include the following: (1) The conveyance to a third party by all of the joint tenants of all of their interests in the property held in […]
41-74. Application of 120-hour survival requirement to joint tenancy with right of survivorship. The provisions of G.S. 28A-24-3 apply to joint tenancy interests among two or more joint tenants holding property in joint tenancy with right of survivorship upon the death of one or more of the joint tenants. (1784, c. 204, s. 6; R.C., […]
41-75. Inapplicability of Article. This Article does not apply to any of the following: (1) Executors or trustees in their representative capacity. (2) Partnerships governed by Chapter 59 of the General Statutes. (3) Business entities. (4) Accounts established under G.S. 41-2.1 or G.S. 41-2.2 to the extent inconsistent with the provisions of this Article. (5) […]
41-76. Common law of joint tenancy; equitable principles. The common law of joint tenancy with right of survivorship and principles of equity supplement this Article except to the extent it conflicts or is inconsistent with a provision of this Article or the laws of this State. (2020-50, s. 2(a), (c).)
41-77. Citation to prior statutes. A citation to a former statute recodified in Article 5 of Chapter 41 of the General Statutes, whether made before or after adoption of Article 5, shall be deemed to be a citation to the recodified statute, unless application of this rule of construction would substantially impair the rights of […]
