GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

H	2 

HOUSE BILL 829
Committee Substitute Favorable 5/2/91

Short Title:  Marital Property/Equit. Dist.	(Public)
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Sponsors:
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April 16, 1991

A BILL TO BE ENTITLED
AN ACT TO ESTABLISH A REBUTTABLE PRESUMPTION THAT PROPERTY ACQUIRED DURING MARRIAGE IS MARITAL PROPERTY EXCEPT UNDER CERTAIN CIRCUMSTANCES.
The General Assembly of North Carolina enacts:
Section 1. G.S. 50-20 is amended by adding the following new subsection to read:
"( b1)	It is presumed that all property acquired after the date of marriage and before the date of separation is marital property unless the property is acquired by bequest, devise, descent, or gift, or except in cases where separate property is exchanged for property pursuant to subsection (b)(2) of this section.  This  presumption may be rebutted by clear, cogent, and convincing evidence."
Sec. 2. This act becomes effective October 1, 1991, and applies to actions for equitable distribution filed on or after that date.