2018 Indiana Code
TITLE 23. Business and other Associations
ARTICLE 14. CEMETERY ASSOCIATIONS
CHAPTER 39. Burial Rights in Multispace Plots
23-14-39-3. Vested rights of spouse of grantee; effect of dissolution of marriage

Universal Citation: IN Code § 23-14-39-3 (2018)
IC 23-14-39-3 Vested rights of spouse of grantee; effect of dissolution of marriage

     Sec. 3. (a) If the grantee of a burial plot containing more than one (1) interment, entombment, or inurnment space is married at the time of the grant of the burial plot, the spouse of the grantee has a vested right of interment, entombment, or inurnment of the spouse's remains in the burial plot, unless the terms of the grant are inconsistent with burial rights of the grantee's spouse.

     (b) If:

(1) a burial plot containing more than one (1) interment, entombment, or inurnment space is granted; and

(2) the grantee becomes married after the grant of the burial plot;

the grantee's spouse has a vested right of interment, entombment, or inurnment in the plot if more than one (1) interment, entombment, or inurnment space in the plot remains unoccupied when the individual becomes the spouse of the grantee.

     (c) No transfer or other action of a grantee referred to in subsection (a) or (b) divests the grantee's spouse of the vested right of interment, entombment, or inurnment recognized in subsection (a) or (b) unless:

(1) the spouse joins in the transfer or other action; or

(2) the written consent of the spouse is endorsed on or attached to the transfer or other action.

     (d) A final dissolution of marriage decree between a grantee referred to in subsection (a) or (b) and the grantee's spouse terminates the spouse's vested right of interment, entombment, or inurnment recognized in subsection (a) or (b) unless the dissolution of marriage decree provides otherwise.

As added by P.L.52-1997, SEC.13.

 

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