Summary
An important recent decision from the North Carolina Court of Appeals clarifies spousal abandonment under N.C.G.S. § 31A-1(a)(3). The case involved a dispute between the decedent’s mother and his surviving wife over whether the wife was barred from inheriting due to abandonment.
Under North Carolina law, a surviving spouse loses the right to inherit intestate if they willfully and without just cause abandon and refuse to live with the other spouse and are not living with the other spouse at the time of death. In this case, the couple never established a marital home. The decedent lived in North Carolina, while his wife remained in Florida. The wife argued that she was willing to live with him if he became sober, but his ongoing substance abuse issues and abusive behavior made cohabitation impossible.
The decedent’s mother, seeking to bar the wife from inheriting, had the burden of proving abandonment. The court found that she failed to show the wife left without just cause. Given the evidence of the decedent’s behavior, the court ruled that the wife had justification for living apart and was therefore entitled to inherit.
Key Takeaways
The phrase “without just cause” carries significant weight in abandonment cases, particularly in situations involving spousal abuse or substance-related issues. This case highlights the difficulty of proving abandonment when a spouse’s separation is linked to the other spouse’s actions.
The court also clarified that a formal marital home is not required to establish abandonment. Even in marriages where spouses live apart, one spouse can still be deemed to have abandoned the other. However, proving abandonment requires more than mere separation. The party asserting abandonment has the burden of proof, and in this case, the mother failed to meet that burden. As a result, the wife remained eligible to inherit from the decedent’s estate.
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