Arkansas Code of 1987 (2023)
Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106)
Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106)
Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014)
Subchapter 4 - PARTITION AND SALE OF LAND (§§ 18-60-401 — 18-60-426)
Section 18-60-426 - Sale of land held jointly or otherwise by incompetent person

• (a) The land of an incompetent person held jointly or otherwise, by survivorship, entirety, tenancy in common, joint tenancy, or howsoever held, with another or others, though not necessary for the payments of debts or maintenance, may be sold by order of the probate division of circuit court having jurisdiction over the land or guardian of the person when it shall appear to the court from legal evidence that the interest of the other owner or owners would be advanced thereby and that the interest of the incompetent person would not be injuriously affected.

• (b) The sale of the interest and the disposition of the proceeds derived therefrom shall be controlled in the same manner as provided by law in sales by guardians of real property wherein their wards have an interest.

• (c) It is the specific intent of this section to enable guardians, regardless of their wards' interest in real property, technical estate by which held, or the relationship to the ward, to sell the interest of the ward in the property subject to the provisions of subsection (a) of this section.

Civil Code, § 534; C. & M. Dig., §§ 5870, 8123; Pope's Dig., §§ 7587, 10545; Acts 1949, No. 349, §§ 1, 2; A.S.A. 1947, §§ 34-1835, 34-1835n.