§ 35A-1307. Spouse of incompetent husband or wife entitled to special proceeding for sale of real property.
§35A‑1307. Spouse of incompetent husband or wife entitled to specialproceeding for sale of real property.
Every married person whosehusband or wife is adjudged incompetent and is confined in a mental hospital orother institution in this State, and who was living with the incompetent spouseat the time of commitment shall, if he or she be in needy circumstances, havethe right to bring a special proceeding before the clerk to sell the realproperty of the incompetent spouse, or so much thereof as is deemed expedient,and have the proceeds applied for support: Provided, that said proceedingshall be approved by the judge of the superior court holding the courts of thesuperior court district or set of districts as defined in G.S. 7A‑41.1where the said property is situated. When the deed of the commissionerappointed by the court, conveying the lands belonging to the incompetent spouseis executed, probated, and registered, it conveys a good and indefeasible titleto the purchaser. (1987, c. 550, s. 1; 1987 (Reg. Sess., 1988), c. 1037,s. 83; 1989, c. 473, s. 8.)