(1) The surviving spouse shall not have dower or curtesy in land sold but not conveyed by the deceased spouse before marriage, nor in land sold in good faith after marriage to satisfy an encumbrance created before marriage or created by deed in which the surviving spouse joined, or to satisfy a lien for the purchase money. If, however, there is a surplus of the land or proceeds of sale after satisfying the lien, surviving spouse may have dower or curtesy out of that surplus of the land or compensation out of the surplus of the proceeds, unless they were received or disposed of by the decedent in his lifetime.
(2) If the decedent held land by executory contract only, the surviving spouse shall not have dower or curtesy in the land, unless decedent owned such an equitable right at the time of his death. History: Amended 1974 Ky. Acts ch. 386, sec. 78. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2135, 2142.
Notes of Decisions
First Union Home Equity Bank, N.A. v. Bedford Loan & Deposit Bank, 111 S.W.3d 892 (Ky. Ct. App. 2003).
· cites it 8× “We *893 adjudge that because of the provision in KRS 392.040(1) stating that a spouse does not have a curtesy interest in land sold to satisfy a purchase money mortgage, the trial court erred in assigning the second mortgagee equal priority with the first mortgagee.”
United States v. Wood, 658 F. Supp. 1561 (W.D. Ky. 1987).
· cites it 2× “Wood’s sole interest in the property prior to Mr.”
Wides v. Wides' Ex'r, 184 S.W.2d 579 (Ky. Ct. App. 1944).
· cites it 2× “The argument 'of the appellees is, in brief, that the deceased had by the contract divested himself of all the remainder interest and equitable title in his property that he might have owned when he died; that the second wife never -acquired dower rights in any of the property…”
Chalk v. Chalk, 165 S.W.2d 534 (Ky. Ct. App. 1942).
· cites it 2× “Harrison had a title bond for the conveyance of a parcel of land on the payment of a balance of $1,500 on the purchase price.”
North v. North, 638 S.W.2d 711 (Ky. Ct. App. 1982).
“Also, in the case at bar KRS 392.040, provides: The wife shall not have dower in land sold but not conveyed by the husband before marriage .”
— Ky. Rev. Stat. § 392.040(1) — 2 cases
First Union Home Equity Bank, N.A. v. Bedford Loan & Deposit Bank, 111 S.W.3d 892 (Ky. Ct. App. 2003).
“We *893 adjudge that because of the provision in KRS 392.040(1) stating that a spouse does not have a curtesy interest in land sold to satisfy a purchase money mortgage, the trial court erred in assigning the second mortgagee equal priority with the first mortgagee.”
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