North Carolina § 35A-1307 Spouse of incompetent husband or wife entitled to special proceeding for sale of real property

North Carolina Statutes

§ 35A-1307 — Spouse of incompetent husband or wife entitled to special proceeding for sale of real property

North Carolina § 35A-1307

Ch. 35AIncompetency and Guardianship

Art. 14Sale, Mortgage, Exchange or Lease of Ward's Estate

Subch. IIIMANAGEMENT OF WARD'S ESTATE

This text of North Carolina § 35A-1307 (Spouse of incompetent husband or wife entitled to special proceeding for sale of real property) is published on Counsel Stack Legal Research, covering North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.C. Gen. Stat. § 35A-1307 (2026).

Text

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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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 executed, probated, and registered, it conveys a good and indefeasible title to the purchaser. (1987, c. 550, s. 1; 1987 (Reg. Sess., 1988), c. 1037, s. 83; 1989, c. 473, s. 8.)
§§ 35A-1308 through 35A-1309: Reserved for future codification purposes.