North Carolina Statutes
§ 35A-1307 — Spouse of incompetent husband or wife entitled to special proceeding for sale of real property
North Carolina·Ch. 35A Incompetency and Guardianship·Art. 14 Sale, Mortgage, Exchange or Lease of Ward's Estate·Subch. III MANAGEMENT OF WARD'S ESTATE
Every married person whose husband or wife is adjudged incompetent and is confined in a mental hospital or other institution in this State, and who was living with the incompetent spouse at the time of commitment shall, if he or she be in needy circumstances, have the right to bring a special proceeding before the clerk to sell the real property of the incompetent spouse, or so much thereof as is deemed expedient, and have the proceeds applied for support: Provided, that said proceeding shall be approved by the judge of the superior court holding the courts of the superior court district or set of districts as defined in G.S. 7A-41.1 where the said property is situated. When the deed of the commissioner appointed by the court, conveying the lands belonging to the incompetent spouse is exec
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North Carolina § 35A-1307 (Spouse of incompetent husband or wife entitled to special proceeding for sale of real property) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Legislative History
(1987, c. 550, s. 1; 1987 (Reg. Sess., 1988), c. 1037, s. 83; 1989, c. 473, s. 8.)
Nearby Sections
15
§ 35A-1101
Definitions§ 35A-1102
Scope of law; exclusive procedure§ 35A-1103
Jurisdiction; venue§ 35A-1104
Change of venue§ 35A-1105
Petition before clerk§ 35A-1106
Contents of petition§ 35A-1107
Right to counsel or guardian ad litem§ 35A-1108
Issuance of notice§ 35A-1109
Service of notice and petition§ 35A-1110
Right to jury§ 35A-1111
Multidisciplinary evaluation§ 35A-1112
Hearing on petition; adjudication order§ 35A-1114
Appointment of interim guardian§ 35A-1115
Appeal from clerk's order§ 35A-1116
Costs and fees