NORTH CAROLINA GENERAL ASSEMBLY

1963 SESSION

 

 

CHAPTER 1209

SENATE BILL 455

 

 

AN ACT TO AMEND ARTICLE X, SECTION 6 OF THE CONSTITUTION OF NORTH CAROLINA, WITH RESPECT TO A MARRIED WOMAN'S RIGHT TO TRANSFER HER SEPARATE PROPERTY BY DEED AND BY WILL AND TO EXERCISE POWERS OF ATTORNEY CONFERRED UPON HER BY HER HUSBAND.

 

The General Assembly of North Carolina do enact:

 

Section 1.  Article X, Section 6 of the Constitution of North Carolina, as it relates to the right of a married woman to transfer her separate property by deed and by will and to exercise powers of attorney conferred upon her by her husband, is hereby amended by striking the last sixteen words of the first sentence thereof together with the comma preceding them, which words read as follows: ", and, with the written assent of her husband, conveyed by her as if she were unmarried," and inserting in lieu thereof the following: "and conveyed by her subject to such regulations and limitations as the General Assembly may prescribe"; and by striking the words "by her or" from the second sentence thereof; so that the said Article X, Section 6 as amended, shall read: "The real and personal property of any female in this State acquired before marriage, and all property, real and personal, to which she may, after marriage, become in any manner entitled, shall be and remain the sole and separate estate and property of such female, and shall not be liable for any debts, obligations or engagements of her husband, and may be devised and bequeathed and conveyed by her subject to such regulations and limitations as the General Assembly may prescribe. Every married woman may exercise powers of attorney conferred upon her by her husband, including the power to execute and acknowledge deeds to property owned by herself and her husband or by her husband."

Sec. 2.  The amendments set out in Section 1 of this Act shall be submitted to the qualified voters of this State at the next general election. Voting on the amendments shall be conducted under the laws governing general elections in this State.

Sec. 3.  In such election the voters favoring the amendments shall vote ballots on which shall be printed or written the words: "FOR the constitutional amendments empowering the General Assembly to make the rights of husband and wife the same in each other's separate property;" and those opposed shall vote ballots on which shall be printed or written the words: "AGAINST the constitutional amendments empowering the General Assembly to make the rights of husband and wife the same in each other's separate property."

Sec. 4.  If a majority of the votes cast thereon in such general election be in favor of the amendments, the Governor shall certify the amendments under the Great Seal of the State to the Secretary of State, who shall enroll the amendments so certified among the permanent records of his office, and the amendments so certified shall be in full force and effect from and after the date of certification.

Sec. 4.1.  From and after the date of certification of the amendments set out in Section 1 of this Act, wherever the word "spouse" appears in the General Statutes with reference to testate or intestate successions, it shall apply alike to both husband and wife.

Sec. 4 ½.  In the event that a majority of the voters in such general election be in favor of the amendments hereinbefore provided for, North Carolina G.S. 52-4 shall be repealed and said repeal shall be effective on the date the Governor certifies the amendments to the Secretary of State.

Sec. 5.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 6.  This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 26th day of June, 1963.