North Carolina 2017-2018 Session Status: Passed Senate 1 R cosponsors

SB 451 — Joint Survivorship Clarifications.

Last action — Withdrawn From Cal

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2017-2018 Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

9 added · 10 removed

Plain-language change summary

In the latest version of Senate Bill 451, some administrative details were clarified, including the bill's filing date and the designation of the clerk responsible for it. These changes make the bill clearer and easier to track in the legislative process. While the core content of the bill remains the same, updating these references is important for transparency and organization in government proceedings.

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GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 S 2 SENATE BILL 451 Judiciary Committee Substitute Adopted 4/25/17 Short Title:
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 S 1 SENATE BILL 451 Short Title:
Senators Newton and Daniel (Primary Sponsors).
March 29, 2017 A BILL TO BE ENTITLED AN ACT TO REPLACE AND CLARIFY THE GENERAL STATUTES PERTAINING TO THE CREATION AND SEVERANCE OF JOINT TENANCY WITH RIGHT OF SURVIVORSHIP PERTAINING TO REAL PROPERTY.
Rules and Operations of the Senate March 29, 2017 A BILL TO BE ENTITLED AN ACT TO REPLACE AND CLARIFY THE GENERAL STATUTES PERTAINING TO THE CREATION AND SEVERANCE OF JOINT TENANCY WITH RIGHT OF SURVIVORSHIP PERTAINING TO REAL PROPERTY.
(e) A joint tenancy interest conveyed to individuals married to each other and to one or more other joint tenants in the same instrument of conveyance shall be held by the married *S451-v-2* General Assembly Of North Carolina Session 2017 individuals in a tenancy by the entirety, and the married individuals shall be treated as a single joint tenant, unless otherwise provided in the instrument.
(e) A joint tenancy interest conveyed to individuals married to each other and to one or more other joint tenants in the same instrument of conveyance shall be held by the married *S451-v-1* General Assembly Of North Carolina Session 2017 individuals in a tenancy by the entirety, and the married individuals shall be treated as a single joint tenant, unless otherwise provided in the instrument.
(2) If a severance occurs under the circumstances described in subdivision (2), (3), or (4) of subsection (f) of this section, a tenancy in common is created between the severing tenant and the remaining joint tenant, but if there are more than two joint tenants, a tenancy in common is created among the severing joint tenant and the remaining joint tenants who continue as joint tenants with right of survivorship as between themselves.
(2) If a severance occurs under the circumstances described in subdivision (2), (3), or (4) of subsection (e) of this section, a tenancy in common is created between the severing tenant and the remaining joint tenant, but if there are more than two joint tenants, a tenancy in common is created among the severing joint tenant and the remaining joint tenants who continue as joint tenants with right of survivorship as between themselves.
(3) When married individuals holding an interest as tenants by the entirety in a joint tenancy with one or more other joint tenants divorce, unless the divorced individuals agree otherwise, and in the absence of an agreement, the divorced individuals shall be deemed to hold their existing interest equally as joint tenants.
(3) When married individuals holding an interest as tenants by the entirety in a joint tenancy with one or more other joint tenants divorce, unless the divorced individuals agree otherwise, and in the absence of an agreement, the divorced individuals shall be deemed to hold their existing interest as joint tenants, each owning one-half of their prior interest.
Page 2 Senate Bill 451-Second Edition General Assembly Of North Carolina Session 2017 (1) Executors or trustees in their representative capacity.
Page 2 Senate Bill 451-First Edition General Assembly Of North Carolina Session 2017 (1) Executors or trustees in their representative capacity.
Senate Bill 451-Second Edition Page 3
Senate Bill 451-First Edition Page 3
View plain text versions (3)

Action History

  1. Withdrawn From Cal

  2. Re-ref Com On Judiciary III

  3. Placed On Cal For 06/14/2018

  4. Reptd Without Prejudice

  5. Cal Pursuant Rule 36(b)

  6. Regular Message Sent To House

  7. Regular Message Received From Senate

  8. Passed 1st Reading

  9. Ref To Com On Rules, Calendar, and Operations of the House

  10. Reptd Fav

  11. Placed on Today's Supplemental Calendar

  12. Passed 2nd Reading

  13. Passed 3rd Reading

  14. Reptd Fav Com Substitute

  15. Com Substitute Adopted

  16. Re-ref Com On Rules and Operations of the Senate

  17. Withdrawn From Com

  18. Re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate

  19. Passed 1st Reading

  20. Ref To Com On Rules and Operations of the Senate

  21. Filed

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 177 not signed on

Sponsors (1)

  • Newton

Co-sponsors (1)

Not signed on (177)

177 members have not signed on to this bill.

Show all 177 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Second Reading

Passed 49 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 32001
Democratic 7000
Republican 10000
Total 49001
% of votes cast 98%0%0%2%
How each member voted (50)
Member Party Vote
McKissick — Yea
Randleman — Yea
Woodard — Yea
Ballard — Yea
Barefoot — Yea
Brock — Yea
Foushee — Yea
D.Davis — Yea
J.Jackson — Yea
Smith — Yea
VanDuyn — Yea
Brown — Yea
B.Jackson — Yea
Barringer — Yea
Bishop — Yea
Bryant — Yea
Curtis — Yea
Dunn — Yea
Edwards — Yea
Gunn — Yea
Harrington — Yea
Horner — Yea
Meredith — Yea
Newton — Yea
Tucker — Yea
J.Davis — Not Voting
Pate — Yea
Rabin — Yea
Tarte — Yea
Tillman — Yea
Wade — Yea
Wells — Yea
Krawiec — Yea
Amanda P. Cook Democratic Yea
Dan Blue Democratic Yea
Gladys A. Robinson Democratic Yea
Jay J. Chaudhuri Democratic Yea
Joyce Waddell Democratic Yea
Paul A. Lowe, Jr. Democratic Yea
Tracy Clark Democratic Yea
Bill Rabon Republican Yea
Carl Ford Republican Yea
Danny Earl Britt, Jr. Republican Yea
Michael V. Lee Republican Yea
Norman W. Sanderson Republican Yea
Phil Berger Republican Yea
Ralph Hise Republican Yea
Tom McInnis Republican Yea
W. Ted Alexander Republican Yea
Warren Daniel Republican Yea

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 451?
SB 451 is sponsored by Warren Daniel (Republican) and Newton.
What is the current status of SB 451?
This bill died with 2017-2018 Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 451?
Track SB 451 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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