41 chapters · 852 sections in this title.
Ark. Code Ann. § 28-11-101 Definition
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As used in this chapter, “endowed” means invested and shall apply both to dower and curtesy.
Ark. Code Ann. § 28-11-102 Descent of land upon death of spouse having dower or curtesy interest
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At the death of any surviving spouse who has dower or curtesy for life in land, the property shall descend in accordance with the will of the first deceased spouse or, if the first spouse died intestate, then to descend in accordance with the law for the distribution of intestate…
Ark. Code Ann. § 28-11-201 Actions of spouse not to bar right to dower or curtesy
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(a) No act, deed, or conveyance executed or performed by one (1) spouse without the assent of the other spouse, evinced by acknowledgment in the manner required by law, shall pass the estate of dower or curtesy. (b) No judgment, default, covin, or crime of one (1) spouse shall pr…
Ark. Code Ann. § 28-11-202 Surviving spouse of alien entitled to dower or curtesy
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The surviving spouse of an alien shall be entitled to dower in the estate of the deceased spouse in the same manner as if the alien had been a native-born citizen of this state.
Ark. Code Ann. § 28-11-203 Right of dower and curtesy barred
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(a) The inchoate right of dower or curtesy of any spouse in real property in the State of Arkansas is barred in all cases when or where the other spouse has been barred of title or of any interest in the property for seven (7) years or more and also in real property or interest c…
Ark. Code Ann. § 28-11-204 Murder of spouse — Effect
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(a) Whenever a spouse shall kill or slay his or her spouse and the killing or slaying would under the law constitute murder, either in the first or second degree, and that spouse shall be convicted of murder for the killing or slaying, in either the first or second degree, the on…
Ark. Code Ann. § 28-11-301 Land generally
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(a) If a person dies leaving a surviving spouse and a child or children, the surviving spouse shall be endowed of the third part of all the lands for life whereof his or her spouse was seized, of an estate of inheritance, at any time during the marriage, unless the endowment shal…
Ark. Code Ann. § 28-11-302 Lands exchanged — Election
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If a person seized of an estate of inheritance in lands exchanges it for other lands, the surviving spouse shall not have curtesy or dower of both, but shall make an election to curtesy or dower in the lands given or of those taken in exchange. If the election is not evinced by t…
Ark. Code Ann. § 28-11-303 Mortgaged land
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(a) When a person seized of an estate of inheritance in land shall have executed a mortgage of the estate before marriage, the surviving spouse, nevertheless, shall be entitled to dower or curtesy out of the lands mortgaged as against every person except the mortgagee and those c…
Ark. Code Ann. § 28-11-304 Sale of timber, oil, gas, or mineral leases
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(a) If a person dies leaving a surviving spouse and a child or children, the surviving spouse shall be entitled, absolutely and in his or her own right, to one-third (⅓) of all money received from the sale of timber, oil and gas or other mineral leases, oil and gas or other miner…
Ark. Code Ann. § 28-11-305 Personalty
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If a person dies leaving a surviving spouse and a child or children, the surviving spouse shall be entitled, as part of dower or curtesy in his or her own right, to one-third (⅓) part of the personal estate whereof the deceased spouse died seized or possessed.
Ark. Code Ann. § 28-11-306 Bonds, notes, accounts, and evidences of debt
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If any person shall die leaving a surviving spouse, the surviving spouse shall be allowed to take the same dower or curtesy in the bonds, bills, notes, books, accounts, and evidences of debt as the surviving spouse would be entitled to take out of the personal property or cash on…
Ark. Code Ann. § 28-11-307 Dower or curtesy when no children
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(a) (1) If a person dies leaving a surviving spouse and no children, the surviving spouse shall be endowed in fee simple of one-half (½) of the real estate of which the deceased person died seized when the estate is a new acquisition and not an ancestral estate and of one-half (½…
Ark. Code Ann. § 28-11-401 Jointure or payment with spouse's assent
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(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 inte…
Ark. Code Ann. § 28-11-402 Jointure or payment — Election of spouse
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If, before the marriage, but without a spouse's assent, or if, after the marriage, land shall be given or assured for the jointure of a spouse or a pecuniary provision shall be made for the spouse in lieu of dower or curtesy, the spouse shall make an election whether the spouse w…
Ark. Code Ann. § 28-11-403 Devise or bequest — Election of spouse
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If land is devised to a spouse, or a pecuniary or other provision is made for a spouse by will in lieu of dower or curtesy, the spouse shall make an election whether he or she will take the land so devised, or the provision so made, or whether he or she will be endowed of the lan…
Ark. Code Ann. § 28-11-404 Devise deemed in lieu of dower or curtesy
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If any spouse shall devise and bequeath to the other spouse any portion of his or her real estate of which he or she died seized, it shall be deemed and taken in lieu of dower or curtesy, as the case may be, out of the estate of the deceased spouse, unless the testator shall, in …
Ark. Code Ann. § 28-11-405 Forfeiture
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Every jointure, devise, and pecuniary provision, in lieu of dower or curtesy, shall be forfeited by the spouse for whose benefit it shall be made, in the same cases in which the spouse would forfeit his or her dower or curtesy, as the case may be. Upon such a forfeiture, any esta…