{"data":{"id":"us-nc/n.c.-gen.-stat.-31a-1","jurisdiction":"us-nc","citation":"N.C. Gen. Stat. § 31A-1","heading":"Acts barring rights of spouse.","body":"(a)\tThe following persons shall lose the rights specified in subsection (b) of this section:\n(1)\tA spouse from whom or by whom an absolute divorce or marriage annulment has been obtained or from whom a divorce from bed and board has been obtained; or\n(2)\tA spouse who voluntarily separates from the other spouse and lives in adultery and such has not been condoned; or\n(3)\tA spouse who wilfully and without just cause abandons and refuses to live with the other spouse and is not living with the other spouse at the time of such spouse's death; or\n(4)\tA spouse who obtains a divorce the validity of which is not recognized under the laws of this State; or\n(5)\tA spouse who knowingly contracts a bigamous marriage.\n(b)\tThe rights lost as specified in subsection (a) of this section shall be as follows:\n(1)\tAll rights of intestate succession in the estate of the other spouse;\n(2)\tAll right to claim or succeed to a homestead in the real property of the other spouse;\n(3)\tAll right to petition for an elective share of the estate of the other spouse and take either the elective intestate share provided or the life interest in lieu thereof;\n(4)\tAll right to any year's allowance in the personal property of the other spouse;\n(5)\tAll right to administer the estate of the other spouse; and\n(6)\tAny rights or interests in the property of the other spouse which by a settlement before or after marriage were settled upon the offending spouse solely in consideration of the marriage.\n(c)\tAny act specified in subsection (a) of this section may be pleaded in bar of any action or proceeding for the recovery of such rights, interests or estate as set forth in subsection (b) of this section.\n(d)\tThe spouse not at fault may sell and convey his or her real and personal property without the joinder of the other spouse, and thereby bar the other spouse of all right, title and interest therein in the following instances:\n(1)\tDuring the continuance of a separation arising from a divorce from bed and board as specified in subsection (a)(1) of this section, or\n(2)\tDuring the continuance of a separation arising from adultery as specified in subsection (a)(2) of this section, or during the continuance of a separation arising from an abandonment as specified in subsection (a)(3) of this section, or\n(3)\tWhen a divorce is granted as specified in subsection (a)(4) of this section, or a bigamous marriage contracted as specified in subsection (a)(5) of this section. (1961, c. 210, s. 1; 1965, c. 850; 2000-178, s. 6.)","path":["Chapter 31A. Acts Barring Property Rights.","Article 1. Rights of Spouse."],"source_url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_31A/GS_31A-1.html","current_through":"S.L. 2026-30","vintage":"","retrieved_at":"2026-08-27T17:59:52Z","sha256":"4a9dca7e17954324562f855ec479af91ce7f1f94d975c2c136283deca9514d73","source_id":"us-nc","stale":false,"prev":"us-nc/n.c.-gen.-stat.-31-73","next":"us-nc/n.c.-gen.-stat.-31a-2"},"notice":"GroundRules: Original legal text. Not legal advice."}