NORTH CAROLINA GENERAL ASSEMBLY

1965 SESSION

 

 

CHAPTER 794

SENATE BILL 185

 

 

AN ACT TO AMEND G.S. 45-3 RELATING TO THE JOINDER OF SPOUSES IN MORTGAGES OF HOUSEHOLD AND KITCHEN FURNITURE.

 

The General Assembly of North Carolina do enact:

 

Section 1.  Section 45-3 of the General Statutes as the same presently appears in Recompiled Volume 2A is repealed and is hereby rewritten in its entirety to read as follows:

"§ 45-3.  Mortgage of Household and Kitchen Furniture. (a) Except as provided in subsection (b) of this Section, all conveyances of household and kitchen furniture by a married person, made to secure the payment of money or other things of value, are void unless his or her spouse joins therein and their acknowledgments are taken in the manner prescribed by law in conveyance of real estate.

"(b)      A conveyance referred to in subsection (a) of this Section is valid without the joinder of the spouse if:

(1)        The conveyance is made to secure the payment of all or part of the purchase price of the property conveyed; or

(2)        The spouse not joining in the conveyance has been adjudged a lunatic or insane; or

(3)        The spouse who executes the conveyance is authorized to do so by a valid and lawful deed of separation previously executed by the husband and wife; or

(4)        The spouse who executes the conveyance is the spouse not at fault in one of the instances described in G.S. 31A-1(d)."

Sec. 2.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 3.  This Act shall become effective upon its ratification.

In the General Assembly read three times and ratified, this the 3rd day of June, 1965.