Bill Summaries: H866 (2025-2026 Session)

Tracking:
  • Bill H 866 (2025-2026)
    Summary date: Apr 29 2025 - View summary

    House committee substitute to the 1st edition makes the following changes. Makes organizational changes. 

    Section 1.

    Specifies that the automatic order for equitable distribution claims issued under new GS 50-23 also does not replace other remedies (was, order only does not limit or restrict other remedies) including filing a lis pendens or obtaining an injunction. Changes the effective date for the section to October 1, 2025 (was, when the act became law), and specifies that it applies to actions or claims filed on or after that date. 

    Section 2.

    Specifies that the act's changes to GS 50-50(c) is effective October 1, 2025, and applies to actions or claims filed on or after that date. 
    Courts/Judiciary, Civil, Family Law, Court System, Administrative Office of the Courts, Development, Land Use and Housing, Property and Housing
    GS 50
  • Bill H 866 (2025-2026)
    Summary date: Apr 9 2025 - View summary

    Enacts GS 50-23 (Automatic order for equitable distribution claims), which creates a standing order to prevent waste of assets or increasing of debt when an equitable distribution claim is filed. Requires the court to enter the form order created by the Administrative Office of the Courts (AOC). Lays out the automatic order provisions, which include specifying that neither party may, without written consent of the other party or order of the court, transfer or dispose of property, withdraw or claim benefits from retirement accounts, or remove the other as beneficiary for any accounts, life insurance, or coverage for medical or dental insurance. Specifies that the automatic order must be served by the plaintiff along with the summons and complaint. Makes the order binding and in effect until the court terminates or modifies it.

    Directs the AOC to develop a form for the automatic order with the case caption, finding that the claim has been filed, and the requirements from GS 50-23. Requires AOC to provide this form on its website by October 1, 2025.

    Amends GS 50-20(c) to include being held in contempt of court for violating the automatic order under GS 50-23 as a factor for the court to consider when making an equitable division of property.

    Amends GS 50-21(a) to require entry of the automatic order upon filing of the initial claim for equitable distribution and makes corresponding changes to the statute.

    Effective and applicable to claims filed on or after October 1, 2025.
    Courts/Judiciary, Civil, Family Law, Court System, Administrative Office of the Courts, Development, Land Use and Housing, Property and Housing
    GS 50