Perry v. Perry

MARTIN, Judge.

Two questions are presented by this appeal: whether the “equal right to control” provisions of G.S. 3943.6(a) apply to tenancies by the entirety created before 1 January 1983 and, if so, whether such retroactive application violates constitutional limitations. For the reasons which follow, we hold that the statute should generally be construed to apply to tenancies by the entirety which pre-existed the effective date of the statute and that such application is not, in and of itself, unconstitutional. We also hold that defendant has failed to demonstrate that application of the…