§ 39-7. Instruments affecting married person's title; joinder of spouse; exceptions.
Article2.
Conveyances by Husbandand Wife.
§ 39‑7. Instrumentsaffecting married person's title; joinder of spouse; exceptions.
(a) In order to waivethe elective life estate of either husband or wife as provided for in G.S. 29‑30,every conveyance or other instrument affecting the estate, right or title ofany married person in lands, tenements or hereditaments must be executed bysuch husband or wife, and due proof or acknowledgment thereof must be made andcertified as provided by law.
(b) A married personmay bargain, sell, lease, mortgage, transfer and convey any of his or herseparate real estate without joinder or other waiver by his or her spouse ifsuch spouse is incompetent and a guardian or trustee has been appointed asprovided by the laws of North Carolina, and if the appropriate instrument isexecuted by the married person and the guardian or trustee of the incompetentspouse and is probated and registered in accordance with law, it shall conveyall the estate and interest as therein intended of the married person in theland conveyed, free and exempt from the elective life estate as provided inG.S. 29‑30 and all other interests of the incompetent spouse.
(c) Subsection (a)shall not be construed to require the spouse's joinder or other waiver of theelective life estate of such spouse as provided for in G.S. 29‑30 wherea different provision is made or provided for in the General Statutesincluding, but not limited to, G.S. 39‑13, 39‑13.3, 39‑13.4,31A‑1(d), and 52‑10. (C.C.P., s. 429; subsec. 6;1868‑9, c. 277, s. 15; Code, s. 1256; 1899, c. 235, s. 9; Rev., s. 952;C.S., s. 997; 1945, c. 73, s. 4; 1957, c. 598, s. 3; 1965, c. 855.)