收养; 丧失抵押品赎回权; Incompetency and 监护 Proceedings; 名称更改; Partitions of Property and Legitimations

Some 特殊的程序 have forms available — others do not. We have forms available for adoption; incompetency and guardianship; and name changes. All other 特殊的程序 must be drafted by you or your attorney. 特殊的程序 are filed on the 2nd floor Rm# 2400 of the 达勒姆郡 Court房子.

监护 is a legal relationship in which a person(s) or agency (the guardian) is appointed by the court to make decisions and act on behalf of a person who does not have adequate capacity to make such decisions involving the management of personal affairs, 财产, 或两个. 建立监护权需要法庭程序. 未成年人或成年人可能需要监护.

未成年人监护

A court-appointed legal guardian for a minor may be necessary where the minor will inherit 财产 or receive a settlement arising from an accident. A guardian must be appointed to take charge of the 财产, 保护它, 为了未成年人的最大利益分配这笔钱. 这种类型的监护人被称为遗产监护人.

The Clerk of the Superior Court only has jurisdiction to appoint a Guardian of the Person for any minor that has no living parents or other guardians. The Clerk of the Superior Court cannot appoint a Guardian of the Person for a minor if that minor's parents are still living, 不管父母是否同意. 在这种情况下，地区法院必须决定监护权.

NOTE: You may pick up the necessary forms for the appointment of a guardian for a minor from the 地产 Division, located on the 2nd floor Rm# 2300 of the 达勒姆郡 Court房子.

成人监护

Adults are presumed legally competent to handle their own affairs. Before a person's right to make basic decisions is taken away, that person must first be adjudicated incompetent at a hearing before the Clerk of the Superior Court or a jury. This proceeding is filed as a Special Proceeding in Rm # 2400

For more information about 监护 and alternatives to guardianship, see 监护常见问题解答

更改您的名字或更改您孩子的名字, you must complete a 'Petition for Name Change' which can be done without an attorney.  There are packets for Adult and Minor name changes located in 特殊的程序 on the 2nd floor Rm# 2400 of the 达勒姆郡 Court房子.

更改名称的合法方法

• 采用法令
• Application by a widow or divorced woman for the resumption of:
  • 娘家姓，
  • 已故前夫的名字，
  • oor prior divorced husband if children have that husband's surname
• 特别程序请愿书

名称变更审批流程

• You must post notice at the court房子 of your intent to change your name for at least 10 days
• Prove that you have a good and sufficient reason for the name change
• Have at least two residents of the county who know you file an affidavit giving proof of your good character
• Provide a certified criminal history for all counties in which you have resided

More detailed instructions are available at the 高等法院书记 Office.

NOTE: Resumptions of Prior Name are not filed as 特殊的程序 — these are filed in 民事 Filings

收养 are 特殊的程序 filed before the Clerk of the Superior Court. The adoption petition forms are available in the 特殊的程序 Division of our office, located on the 2nd floor Rm# 2400 of the 达勒姆郡 Court房子. 

收养申请费

$120.00

NOTE: Although our staff will assist you with procedural questions, we are specifically prohibited by law from giving you legal advice and recommend that you seek legal counsel.

有关收养的更多信息，请参见 收养常见问题解答

A foreclosure is a method of enforcing payment of a debt secured by a mortgage, 信托契约, or lien on real 财产 by selling the real 财产 and applying the proceeds of the sale to satisfy the debt. As a result of the foreclosure, the 财产 owner loses all rights in the 财产.

A power of sale foreclosure is a contractual right under the terms of a 信托契约 which gives the trustee the power to sell the real 财产 on behalf of the lender if the borrower defaults. The procedure for the power of sale foreclosure is contained in Article 2A in Chapter 45 of the North Carolina General Statutes. A power of sale foreclosure may not proceed unless authorized by a court after a hearing. A 高等法院书记 in the county where the real 财产 is located has the authority to authorize or deny a power of sale foreclosure. A 高等法院书记 may only hear and decide certain factual and legal issues in a power of sale foreclosure proceeding.

A foreclosure by civil action differs from a power of sale foreclosure and is filed in either district or superior court depending on the value of the real 财产 subject to foreclosure. The procedure for a sale in a foreclosure by civil action is contained in Article 29A in Chapter 1 of the North Carolina General Statutes.

有关止赎的更多信息，请参阅 止赎常见问题解答