§ 35A-1310. Where one spouse or both incompetent; special proceeding before clerk. - North Carolina Statutes

Article15.

Mortgage or Sale ofEstates Held by the Entireties.

§ 35A‑1310.  Where onespouse or both incompetent; special proceeding before clerk.

In all cases where a husbandand wife shall be seized of property as an estate by the entireties, and the wifeor the husband or both shall be or become mentally incompetent to execute aconveyance of the estate so held, and the interest of said parties shall makeit necessary or desirable that such property be mortgaged or sold, it shall belawful for the mentally competent spouse and/or the guardian of the mentallyincompetent spouse, and/or the guardians of both (where both are mentallyincompetent) to file a petition with the clerk of the superior court in thecounty where the lands are located, setting forth all facts relative to thestatus of the owners, and showing the necessity or desirability of the sale ormortgage of said property, and the clerk, after first finding as a fact thateither the husband or wife, or both, are mentally incompetent, shall have powerto authorize the interested parties and/or their guardians to execute amortgage, deed of trust, deed, or other conveyance of such property, providedit shall appear to said clerk's satisfaction that same is necessary or to thebest advantage of the parties, and not prejudicial to the interest of thementally incompetent spouse. All petitions filed under the authority of thissection shall be filed in the office of the clerk of the superior court of thecounty where the real estate or any part of same is situated. (1935,c. 59, s. 1; 1945, c. 426, s. 5; c. 1084, s. 5.; 1987, c. 550, s. 2.)