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Home » US Law » 2022 North Carolina General Statutes » Chapter 52 - Powers and Liabilities of Married Persons

§ 52-1 – Property of married persons secured.

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 and […]

§ 52-10 – Contracts between husband and wife generally; releases.

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 […]

§ 52-10.1 – Separation agreements.

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 […]

§ 52-10.2 – Resumption of marital relations defined.

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. (1987, c. 664, s. 1.)

§ 52-11 – Antenuptial contracts and torts.

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 […]

§ 52-12 – Postnuptial crimes and torts.

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. (1871-2, c. 193, s. 25; Code, s. 1833; Rev., s. 2105; C.S., s. 2518; 1921, c. 102; 1965, […]

§ 52-2 – Capacity to contract.

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 […]

§ 52-3 – Married person may insure spouse's life.

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 […]

§ 52-4 – Earnings and damages.

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.

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. (1951, c. 263; 1965, c. 878, s. 1.)