An application in connection with the mental illness of the husband or wife of the owner of a homestead for an order permitting the sale, conveyance, lease, including oil and gas leases, or mortgage of the homestead by the owner, shall be made by a petition to the court subscribed and sworn to by the applicant, setting forth:

Terms Used In North Dakota Code 47-18-23

  • children: includes children by birth and by adoption. See North Dakota Code 1-01-18
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Sex: means the biological state of being male or female, based on the individual's nonambiguous sex organs, chromosomes, or endogenous hormone profiles at birth. See North Dakota Code 1-01-49

1.    The name and age of the mentally ill husband or wife.

2.    The number, age, and sex of the children of such husband or wife.

3.    A description of the premises constituting the homestead.

4.    The value of the homestead.

5.    The county in which the homestead is situated.

6.    Such facts, in addition to that of the mental illness of the husband or wife, relating to the circumstances or necessities of the applicant and the applicant’s family as the applicant may rely upon in support of the petition.