KRS 392.140: Sale or mortgage of dower or curtesy interest of mentally disabled spouse.

Whenever a married person has become a confirmed mentally disabled person, the Circuit

Court of the county in which is situated land belonging to the spouse of such disabled

person may, upon the petition of the spouse of the mentally disabled person, adjud ge the

sale and conveyance, or the mortgage, of the inchoate right of dower or curtesy of the

person under disability. The mentally disabled person and his guardian or conservator, if

he has one, shall be made defendants to the action; if he has no guardia n or conservator,

the court shall appoint an attorney to defend for him, to whom the court shall make a

reasonable allowance to be paid by the spouse of the mentally disabled person. A

description of the land shall be given in the petition and the evidence of title of the spouse

of the mentally disabled person filed therewith. If the court is satisfied by the proof that

the mentally disabled spouse is a confirmed mentally disabled person, it may adjudge the

sale and conveyance, or mortgage, of her inchoate right of dower or his inchoate right to

curtesy in said land, and if the mentally disabled spouse has a guardian or conservator, the

court may direct that he unite with the spouse of the mentally disabled person in the deed

or mortgage; if the mentally dis abled spouse has no guardian or conservator, the court

shall appoint a commissioner who shall unite with the spouse of the mentally disabled

person in the deed or mortgage. Before any judgment pursuant to this section shall be

rendered, the spouse of the m entally disabled person, with at least two (2) good sureties,

shall execute before the court a covenant to the Commonwealth for the benefit of the

mentally disabled spouse, to be approved by the court, that the mentally disabled spouse

will be paid the val ue of his right of dower or curtesy in the land should such right

thereafter become complete.