§ 39-13.5. Creation of tenancy by entirety in partition of real property. - North Carolina Statutes

§39‑13.5.  Creation of tenancy by entirety in partition of real property.

When either a husband or awife owns an undivided interest in real property as a tenant in common withsome person or persons other than his or her spouse and there occurs an actualpartition of the property, a tenancy by the entirety may be created in thehusband or wife who owned the undivided interest and his or her spouse in themanner hereinafter provided:

(1)        In a division bycross‑deed or deeds, between or among the tenants in common provided thatthe intent of the tenant in common to create a tenancy by the entirety with hisor her spouse in this exchange of deeds must be clearly stated in the grantingclause of the deed or deeds to such tenant and his or her spouse, and furtherprovided that the deed or deeds to such tenant in common and his or her spouseis signed by such tenant in common and is acknowledged before a certifyingofficer in accordance with G.S. 52‑10;

(2)        In a judicialproceeding for partition. In such proceeding, both spouses have the right tobecome parties to the proceeding and to have their pleadings state that theintent of the tenant in common is to create a tenancy by the entirety with hisor her spouse. The order of partition shall provide that the real propertyassigned to such tenant and his or her spouse shall be owned by them as tenantsby the entirety. (1969, c. 748, s. 1; 1977, c. 375, s. 11.)