§ 18-12-503 — Relinquishment of dower, curtesy, and homestead rights

(a) By joining with his or her spouse in the execution of power of attorney, or by separate instrument, a married person may appoint an agent or attorney in fact and authorize him or her, for and in the person's name and stead, to relinquish all rights and possibility of dower, curtesy, and homestead to a spouse's grantee, lessee, or mortgagee in any lands, oil, gas, mineral, or timber and to execute for the person such relinquishment of dower, curtesy, and homestead in any oil and gas lease or assignment thereof, mineral deed, timber deed, royalty contract, mortgage, or contract for the sale of any land, timber, or minerals, or any interest therein, owned by a spouse and conveyed by the spouse to the grantee. (b) (1) The act of an agent or attorney in fact, when authorized by properly executed and recorded power of attorney, in so relinquishing dower, curtesy, and homestead of a married person by joining in any deed, lease, conveyance of minerals, royalty contract, or other contract for the sale of any lands or lease of any lands for developing its minerals, or any interest therein, or the assignment of any oil and gas lease or interest therein shall be as effectual and binding as if the instrument or instruments had been executed in the first instance by the married person. (2) The relinquishment by the attorney in fact may be by separate instrument or by the attorney in fact joining with the spouse in the execution of one (1) or more conveyances.

Legislative History

Acts 1939, No. 27, § 1; 1981, No. 714, § 7; A.S.A. 1947, § 50-425.