§ 35A-1306. Abandoned incompetent spouse. - North Carolina Statutes

§35A‑1306.  Abandoned incompetent spouse.

(a)        A guardian of amarried person found incompetent who has been abandoned, whether the guardianwas appointed before or after the abandonment, may initiate a specialproceeding before the clerk having jurisdiction over the ward requesting theissuance of an order authorizing the sale of the ward's separate real propertywithout the joinder of the abandoning spouse.

(b)        The ward's spouseshall be served with notice of the special proceeding in accordance with G.S.1A‑1, Rule 4.

(c)        If the clerk finds:

(1)        That the spouse ofthe ward has willfully and without just cause abandoned the ward for a periodof more than one year; and

(2)        That the spouse ofthe ward has knowledge of the guardianship, or that the guardian has made areasonable attempt to notify the spouse of the guardianship; and

(3)        That an orderauthorizing the sale of the separate real property of the ward is in the bestinterest of the ward;

the clerk may issue such an orderthereby barring the abandoning spouse from all right, title and interest in anyof the ward's separate real property sold pursuant to such an order. (1987,c. 550, s. 1.)