2009 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.
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 <br>spouse not under disability is of the age of eighteen (18) years, or if not, with the approval <br>of the Circuit Court, on such terms as it may deem equitable, may unite with his guardian <br>or conservator, or with the commissioner of the court, in the conveyance of the real estate <br>of the spouse under disability, so as to release the inchoate right of dower or curtesy of <br>the spouse not under disability, when a sale and conveyance of the real estate are ordered <br>to be made by the guardian or conservator, or by the commissioner or other officer of the <br>court. An infant spouse may also be permitted by the Circuit Court to unite with his adult <br>spouse in the conveyance of the adult spouse's real estate without terms, or on such terms <br>as may be deemed equitable, so as to release the inchoate right of dower or curtesy of the <br>infant spouse. If, in judicial proceedings to sell the real estate of an infant spouse, or of a <br>spouse judicially declared mentally disabled, his spouse is made a party defendant, and by <br>answer, and on privy examination in open court or by a judge of a court in which such <br>proceedings are pending, or by a commissioner appointed by the court to take the case, <br>the spouse not under disability consents to a sale of the property, free from the inchoate <br>right of dower or curtesy of the spouse not under disability, either without terms or on <br>terms designated by the spouse not under disability, the court may, if it deems the terms <br>of such consent equitable, order the sale of such property, free from the inchoate right of <br>dower or curtesy, upon the terms of consent proposed by that spouse.
Effective: July 1, 1982 <br>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 <br>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 Acts ch. 396 was repealed by 1982 Ky.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, <br>sec. 146, also effective July 1, 1982.
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