(a) If a spouse is adjudged incompetent or disappears and his location is unknown to the other spouse, the other spouse may file a petition setting forth the facts which make it desirable for the petitioning spouse to engage in a transaction for which joinder of both spouses is required by § 6106 of § 6107 of this Title or to manage, control, dispose of or encumber community personal property which the other spouse alone has sole authority to manage, control, dispose of or encumber under § 6107 of this Title.

(b) The petition shall be filed in the Superior Court.

(c) The court shall appoint a guardian ad litem for the incompetent or disappearing spouse and shall allow a reasonable fee for his services.

(d) A notice stating that the petition has been filed and specifying the date of the hearing, accompanied by a copy of the petition shall be issued and served on the guardian ad litem and shall be published once each week for three (3) successive weeks in a newspaper of general circulation. The last such publication shall be made at least ten (10) days before the hearing.

(e) After the hearing, and upon determination of the fact of disappearance by one spouse or the spouse’s incompetence, the court may allow the petitioning spouse alone to engage in the transaction for which joinder of both spouses is required by § 6106 or § 6107 of this Title or to manage, control, dispose of or encumber community personal property which the other spouse alone has authority to manage, control, dispose of or encumber under § 6107 of this Title.

(f) Any transfer, conveyance, encumbrance or lease authorized by the court pursuant to Subsection (e) of this Section shall be confirmed by order of the court and that order may be recorded in the Department of Land Management.

SOURCE: CC § 163 enacted by P.L. 15-113:2.