392.120 Jointure -- When a bar to dower or curtesy -- Waiver of -- Indemnity for
loss of.
(1)
(2)
A conveyance or devise of real or personal estate, by way of jointure, may bar the
surviving spouse's interest in the property and estate of the deceased spouse. If,
however, the jointure is made before marriage without the surviving spouse's
consent, or during the surviving spouse's infancy the surviving spouse may, within
twelve (12) months after decedent's death, waive the jointure by written
relinquishment, acknowledged or proved before, and left with, the county clerk, and
have dower, curtesy, or share of the estate as provided by KRS 392.020. A copy of
such relinquishment shall be filed with the clerk of the court in which probate was
made. When the surviving spouse so demands and receives dower, curtesy or such
share of decedent's estate, the estate conveyed or devised in lieu of dower or curtesy
shall determine and revert to the heirs or representatives of the grantor or devisor.
Where the surviving spouse is lawfully deprived of jointure, or any part of jointure,
and not through any act of the surviving spouse's own, the surviving spouse shall
have indemnity for jointure out of decedent's estate.
Effective: June 17, 1978
History: Amended 1978 Ky. Acts ch. 384, sec. 514, effective June 17, 1978. -Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 353, effective January 2,
1978. -- Amended 1974 Ky. Acts ch. 386, sec. 83. -- Recodified 1942 Ky. Acts
ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2136, 2137.
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