North Carolina General Statutes Chapter 30. Surviving Spouses § 30-50. Protection of third person

Current as of January 01, 2023 | Updated by Findlaw Staff

(a) With respect to property to which this Article applies, a person is not liable under this Article if all of the following apply:

(1) The person transacts in good faith and for value with either of the following:

a. A community-property spouse.

b. After the death of the decedent, a surviving community-property spouse, personal representative, heir, devisee, or nonprobate transferee of the decedent.

(2) The person does not know or have reason to know that the other party to the transaction is exceeding or improperly exercising the party's authority.

(b) Good faith under subdivision (a)(1) of this section does not require the person to inquire into the extent or propriety of the exercise of authority by the other party to the transaction.

(c) With respect to real property to which this Article applies, a lien creditor or a purchaser for value of the property is not liable under this Article unless, before the lien was acquired or the purchase was made, the community-property spouses gave notice in a registered instrument of their intention for this Article to apply to the property. Priority among this registered instrument and other registered instruments is governed by G.S. 47-18.

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Cite this article: FindLaw.com - North Carolina General Statutes Chapter 30. Surviving Spouses § 30-50. Protection of third person - last updated January 01, 2023 | https://codes.findlaw.com/nc/chapter-30-surviving-spouses/nc-gen-st-sect-30-50/

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