Indiana § 29-1-2-3.1 Wife's interest in real property by reason of marriage; extinguishment

Indiana Statutes

§ 29-1-2-3.1 — Wife's interest in real property by reason of marriage; extinguishment

Indiana § 29-1-2-3.1

Art. 1PROBATE CODE

Ch. 2Intestate Succession and Rights of Certain Interested

This text of Indiana § 29-1-2-3.1 (Wife's interest in real property by reason of marriage; extinguishment) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 29-1-2-3.1 (2026).

Text

1.A married man may, in his own name as if he were unmarried, sell, barter, exchange, mortgage, lease, contract to sell, convey or execute any instrument, contract or commitment of any kind whatsoever affecting or in relation to his real property, and the deed, mortgage, lease or other instrument, contract or commitment so executed by a married man without the joinder or assent of his wife shall have the same effect as if it had been executed by the husband joined by his competent wife. Any such act or instrument, or any sale, disposition, transfer or encumbrance of the husband's real property by virtue of any decree, execution or mortgage, even though the wife is not a party thereto, shall extinguish the right of the wife to her one-third of any of said real property and shall extinguish

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1. A married man may, in his own name as if
he were unmarried, sell, barter, exchange, mortgage, lease, contract to
sell, convey or execute any instrument, contract or commitment of any
kind whatsoever affecting or in relation to his real property, and the
deed, mortgage, lease or other instrument, contract or commitment so
executed by a married man without the joinder or assent of his wife
shall have the same effect as if it had been executed by the husband
joined by his competent wife. Any such act or instrument, or any sale,
disposition, transfer or encumbrance of the husband's real property by
virtue of any decree, execution or mortgage, even though the wife is not
a party thereto, shall extinguish the right of the wife to her one-third of
any of said real property and shall extinguish any other right, choate or
inchoate, of the wife in said real property which arose or could arise by
reason of the marital relationship.
Formerly: Acts 1973, P.L.288, SEC.1.