§ 39-13.6. Control of real property held in tenancy by the entirety. - North Carolina Statutes

§39‑13.6.  Control of real property held in tenancy by the entirety.

(a)        A husband and wifeshall have an equal right to the control, use, possession, rents, income, andprofits of real property held by them in tenancy by the entirety. Neitherspouse may bargain, sell, lease, mortgage, transfer, convey or in any mannerencumber any  property so held without the written joinder of the other spouse.This section shall not be construed to require the spouse's joinder where adifferent provision is made under G.S. 39‑13, G.S. 39‑13.3, G.S. 39‑13.4, or G.S. 52‑10.

(b)        A conveyance ofreal property, or any interest therein, to a husband and wife vests title inthem as tenants by the entirety when the conveyance is to:

(1)        A named man"and wife," or

(2)        A named woman"and husband," or

(3)        Two named persons,whether or not identified in the conveyance as husband and wife, if at the timeof conveyance they are legallymarried;

unless a contrary intention isexpressed in the conveyance.

(c)        For income taxpurposes, each spouse is considered to have received one‑half (1/2) theincome or loss from property owned by the couple as tenants by the entirety. (1981(Reg. Sess., 1982), c. 1245, s. 1; 1983, c. 449, ss. 1, 2.)