All jurisdiction conferred by this act on the court of common pleas shall be exercised on the petition of the spouse holding legal title to said real estate, supported by oath or affirmation. Upon the presentation of such petition, the court shall fix a day for the hearing of which notice shall be given to the committee or next of kin of said habitual drunkard. If, upon such hearing, the court is satisfied that the facts set forth in said petition are true, the prayer of the petition shall be granted, and the welfare of said habitual drunkard may be provided for in the discretion of the court as set forth in section one of this act, and the petitioning spouse shall be authorized and empowered to make, execute, and deliver a good and sufficient deed, mortgage, lease for years, or conveyance upon ground rent, as the case may be, for said real estate, to have the same force and effect as though the said petitioning spouse were unmarried: the lien of all debts of record against said land to be preserved.