North Dakota Code 14-07-12 – Transfer of property when abandoned or imprisoned
In case the husband or wife abandons the other and removes from the state and is absent therefrom for one year without providing for the maintenance and support of that person‘s family, or is sentenced to imprisonment either in the county jail or penitentiary for the period of one year or more, the district court of the county where the husband or wife so abandoned or not in prison resides, on application by affidavit of such husband or wife fully setting forth the facts and supported by such other testimony as the court may deem necessary, may authorize that person to manage, control, sell, or encumber the property of the husband or wife for the support and maintenance of the family and for the purpose of paying debts contracted prior to such abandonment or imprisonment. Notice of such proceedings must be given to the opposite party and must be served as a summons is served in ordinary actions.
Terms Used In North Dakota Code 14-07-12
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Penitentiary: includes any affiliated facilities. See North Dakota Code 1-01-49
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Property: includes property, real and personal. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- Summons: Another word for subpoena used by the criminal justice system.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- year: means twelve consecutive months. See North Dakota Code 1-01-33