{"data":{"id":"us-ky/krs-392.140","jurisdiction":"us-ky","citation":"KRS 392.140","heading":"Sale or mortgage of dower or curtesy interest of mentally disabled spouse.","body":"Whenever a married person has become a confirmed mentally disabled person, the Circuit\nCourt of the county in which is situated land belonging to the spouse of such disabled\nperson may, upon the petition of the spouse of the mentally disabled person, adjud ge the\nsale and conveyance, or the mortgage, of the inchoate right of dower or curtesy of the\nperson under disability. The mentally disabled person and his guardian or conservator, if\nhe has one, shall be made defendants to the action; if he has no guardia n or conservator,\nthe court shall appoint an attorney to defend for him, to whom the court shall make a\nreasonable allowance to be paid by the spouse of the mentally disabled person. A\ndescription of the land shall be given in the petition and the evidence of title of the spouse\nof the mentally disabled person filed therewith. If the court is satisfied by the proof that\nthe mentally disabled spouse is a confirmed mentally disabled person, it may adjudge the\nsale and conveyance, or mortgage, of her inchoate right of dower or his inchoate right to\ncurtesy in said land, and if the mentally disabled spouse has a guardian or conservator, the\ncourt may direct that he unite with the spouse of the mentally disabled person in the deed\nor mortgage; if the mentally dis abled spouse has no guardian or conservator, the court\nshall appoint a commissioner who shall unite with the spouse of the mentally disabled\nperson in the deed or mortgage. Before any judgment pursuant to this section shall be\nrendered, the spouse of the m entally disabled person, with at least two (2) good sureties,\nshall execute before the court a covenant to the Commonwealth for the benefit of the\nmentally disabled spouse, to be approved by the court, that the mentally disabled spouse\nwill be paid the val ue of his right of dower or curtesy in the land should such right\nthereafter become complete.","path":["KRS Chapter 392"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=36187","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:23Z","sha256":"507fbcde913de1bd8591bafff1e0d67fa2275d212d386ae707614fb36eb0cba5","source_id":"us-ky","stale":false,"prev":"us-ky/krs-392.130","next":"us-ky/krs-393.010"},"notice":"GroundRules: Original legal text. Not legal advice."}