2014 Kentucky Revised Statutes CHAPTER 392 - DOWER AND CURTESY 392.130 Release of dower or curtesy upon sale of estate of infant or mentally disabled spouse.
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392.130 Release of dower or curtesy upon sale of estate of infant or mentally
disabled spouse.
The spouse of an infant spouse, or of a spouse judicially declared mentally disabled,
if the spouse not under disability is of the age of eighteen (18) years, or if not, with
the approval of the Circuit Court, on such terms as it may deem equitable, may unite
with his guardian or conservator, or with the commissioner of the court, in the
conveyance of the real estate of the spouse under disability, so as to release the
inchoate right of dower or curtesy of the spouse not under disability, when a sale
and conveyance of the real estate are ordered to be made by the guardian or
conservator, or by the commissioner or other officer of the court. An infant spouse
may also be permitted by the Circuit Court to unite with his adult spouse in the
conveyance of the adult spouse's real estate without terms, or on such terms as may
be deemed equitable, so as to release the inchoate right of dower or curtesy of the
infant spouse. If, in judicial proceedings to sell the real estate of an infant spouse, or
of a spouse judicially declared mentally disabled, his spouse is made a party
defendant, and by answer, and on privy examination in open court or by a judge of a
court in which such proceedings are pending, or by a commissioner appointed by
the court to take the case, the spouse not under disability consents to a sale of the
property, free from the inchoate right of dower or curtesy of the spouse not under
disability, either without terms or on terms designated by the spouse not under
disability, the court may, if it deems the terms of such consent equitable, order the
sale of such property, free from the inchoate right of dower or curtesy, upon the
terms of consent proposed by that spouse.
Effective:July 1, 1982
History: Amended 1982 Ky. Acts ch. 141, sec. 102, effective July 1, 1982. -Amended 1974 Ky. Acts ch. 386, sec. 84. -- Recodified 1942 Ky. Acts ch. 208,
sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2146.
Note. 1980 Ky. Acts ch. 396, sec. 116 would have amended this section effective
July 1, 1982. However, 1980 Ky. Acts ch. 396 was repealed by 1982 Ky. Acts
ch. 141, sec. 146, also effective July 1, 1982.
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