KRS 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

spouse not under disability is of the age of eighteen (18) years, or if not, with the approval

of the Circuit Court, on such terms as it may deem equitable, may unite with his guardian

or conservator, or with the commissioner of the court, in the conveyance of the real estate

of the spouse under disability, so as to release t he inchoate right of dower or curtesy of

the spouse not under disability, when a sale and conveyance of the real estate are ordered

to be made by the guardian or conservator, or by the commissioner or other officer of the

court. An infant spouse may also b e permitted by the Circuit Court to unite with his adult

spouse in the conveyance of the adult spouse's real estate without terms, or on such terms

as may be deemed equitable, so as to release the inchoate right of dower or curtesy of the

infant spouse. If, in judicial proceedings to sell the real estate of an infant spouse, or of a

spouse judicially declared mentally disabled, his spouse is made a party defendant, and by

answer, and on privy examination in open court or by a judge of a court in which such

proceedings are pending, or by a commissioner appointed by the court to take the case,

the spouse not under disability consents to a sale of the property, free from the inchoate

right of dower or curtesy of the spouse not under disability, either without t erms or on

terms designated by the spouse not under disability, the court may, if it deems the terms

of such consent equitable, order the sale of such property, free from the inchoate right of

dower or curtesy, upon the terms of consent proposed by that spouse.