§ 28-11-401 — Jointure or payment with spouse's assent

Arkansas § 28-11-401

• Jurisdiction: Arkansas
• Title: 28

Text

(a) When an estate in land shall be conveyed to a person and his or her intended spouse, or to the intended spouse alone, or to any person in trust for the person and his or her intended spouse, or in trust for the spouse alone, for the purpose of erecting a jointure for the intended spouse, and with his or her assent, the jointure shall be a bar to any right or claim for dower or curtesy of the spouse in any land of the other spouse. (b) The assent of the spouse to the jointure shall be evinced, if he or she is of full age, by his or her becoming a party to the conveyance by which it shall be settled or, if the spouse is an infant, by his or her joining with his or her father or guardian in the conveyance. (c) Any pecuniary provision that shall be made for the benefit of an intended spouse, and in lieu of dower or curtesy, if assented to by the intended spouse, as provided in this section, shall be a bar to any right or claim of dower or curtesy of the spouse in all lands of his or her spouse.

Legislative History

Rev. Stat., ch. 52, §§ 9-11; C. & M. Dig., §§ 3522-3524; Pope's Dig., §§ 4406-4408; Acts 1981, No. 714, §§ 31-33; A.S.A. 1947, §§ 61-214 -- 61-216.