MARCH 2026

THE BEACON

Proudly Serving the Carolinas since 2008.

The Beacon Article

Marriage, That Blessed Arrangement:

Statutory Changes to Waiving Marital Rights in Real Property

Hello once again, readers. It rarely happens in the real estate world, but we’ve recently had a rather significant change to statutory law that will directly affect our day-to-day practice. I’ve already gotten a significant number of questions about it, so I think the time is ripe for an article to discuss. Session Law 2025-25 (HB 40) became effective October 1, 2025, and with it came significant changes to three statutes you are no doubt familiar with: § 29-30; § 39-13.3; and § 41-63. All of these statutes reference the ability of spouses to convey their rights in property to one another.

Let’s begin with § 29-30. Subsection (a) generally provides that, in lieu of an intestate share, a surviving spouse may elect to take a life estate in their deceased spouse’s property. This is one of the bundle of inchoate marital rights obtained by a spouse, even if they are not on title. Nothing new there. Newly added § 29-30(a)(2a) now reads that the surviving spouse is not entitled to take a life estate if… “The surviving spouse has conveyed the surviving spouse’s interest in the real estate to the other spouse pursuant to G.S. 39-13.3 or G.S. 41-63(4) and has expressly waived or released the surviving spouse’s right to take a life estate in the instrument of conveyance [emphasis mine].” That seems pretty straightforward – the only way for a spouse to waive their right to an elective life estate in the deceased spouse’s real property at death is if they explicitly do so in a deed to the other spouse as outlined in §§ 39-13.3 and 41-63(4). Let’s take a closer look at those changes as well.

GS § 39-13.3 governs conveyances between husband and wife and, previously, stated that any conveyance of real property between spouses vests title in the grantee spouse alone. The changes in SL 2025-25 significantly restrict this right. New language has been added to §39-13.3 stating the following: “…The conveyance does not waive or release any of the following rights or claims that the grantor may have acquired by marriage in the property conveyed: (1) A right to an elective life estate under G.S. 29-30, unless the instrument of conveyance expressly waives the right, as provided in G.S. 29-30(a)(2a). [or] (2) A right or claim to an equitable distribution with respect to the property under G.S. 50-20. A right of claim for equitable distribution shall not be waived or released in the instrument of conveyance [emphasis mine].” That, my friends, is a significant change...

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March Tip:

How to Read the Invoice

Did you know? Our invoices contain the calculations requested by many lenders. At the bottom of your invoice, in the section labeled “Shown for HUD Compliance Only”, we have a breakdown requested by many lenders.

“Allocation to Loan Policy” – although the simultaneous issued charge is $28.50 for a Loan Policy of equal or lesser coverage than the Owner’s Policy, many lenders want to know the amount that would be charged under the regular rates. This calculation includes the cost of a standalone Loan Policy along with the CPL and endorsements.

“Allocation to Owner’s Policy” – this is the “extra” amount being charged for an Owner’s Policy above what it would cost to get a standalone loan policy. We calculate this by taking the Allocation to Loan Policy and subtracting that from the Total Premium Amount Due that is actually being charged.

We hope this is valuable to you and as always, let us know how we can help!

Meet the Team:

Angelique Feliciano

Angelique joined the Harbor City Title residential team in 2020 in a production capacity. She assists abstractors looking for prior policies, and has primary responsibility for getting final policies to buyers and lenders. Originally from Massachusetts, she moved to North Carolina in 2003 after receiving her Paralegal Certificate and has been in the real estate field ever since.

Let's Get to Know Angelique

What is your favorite musician, book or movie?

My favorite music is the 70’s, Pink, Norah Jones, Jack Johnson, to name a few. I love music!

What is your Team Member "style" or "superpower”?

My superpower is my customer service and my hustle mode! 😉

What is a day in the life of Angelique like?

It's going to be doing yard work, gardening or going for a day trip with my boyfriend on his motorcycle.

What is your favorite office snack or drink?

I usually drink my coconut water and have a seaweed snack.

A Quote or mantra you live by?

It is what it is.

What's on your desk?

Hand sanitizer, a stress ball and a desk fan. 😉

The Beacon Recipe

Jennifer's Pimiento Cheese Recipe

"This pimento cheese recipe is delicious, easy to make and always a crowd pleaser. In the summer growing up, my mom would make a batch of pimento cheese and we would get to eat it on white squishy bread. There was nothing better than a cold sandwich on a hot day, and I have had a hard time finding a pimento cheese that I like better than hers. " ~ Jennifer Conrad

Ingredients:

24 ounces shredded sharp cheddar cheese
1 cup mayonnaise
4 ounces pimentos – or more
1 tablespoon dill pickle juice
1 diced or canned jalapeño (optional)

Instructions:

Put the shredded cheese in a large bowl.
Mix the mayo, pimentos and jalapenos (if using) in a smaller bowl.
Mix in 1 tablespoon pickle juice.
Pour the mayonnaise mixture into the shredded cheese, one half at a time.
Serve with crackers and enjoy!

Area News & Updates

CLE Opportunity

Save the date for the North Carolina Bar Association's Real Property Annual Meeting in Asheville, NC on May 15th & 16th.

It's a wonderful event and Harbor City Title will be in attendance again this year. We hope to see you there!

More Details to Follow

Send Us Your Grads!

We'd love to feature your graduates in our May newsletter.

Send us a picture and a blurb about your graduate - preschool, high school, college, whatever! - and we'll feature them in our graduation section of the May edition of The Beacon.

Email info to Summer

A Novel Rec

By local Winston Salem author, Virginia Evans, this wonderful novel will make you laugh and cry. Much of the book is written through letters to family, friends, and even customer service employees. "It reminds me of my grandmother growing up when she would write letters to friends and family in Italy." ~Jennifer Conrad

Check out the Book

Did You Know?

These 5 Famous Figures Nearly Made the Olympics

In 67 CE, the Roman Emperor Nero decided to take part in the Olympic Games. He competed in a number of events, including chariot racing, singing, poetry, and lyre playing. Needless to say, the eccentric emperor made sure he was declared the winner in each discipline - including the chariot race, despite him falling out of his chariot and never finishing the event. Other famous figures have made far more dignified appearances in the modern Olympics. George S. Patton, one of the United States’ most famous military generals...

Click HERE to find out the famous figures that almost made it to the Olympics!