Kentucky Statutes 404.030 – Conveyance or encumbrance of real property by married woman — Husband’s curtesy right — Conveyance by married woman through agent
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(1) A married woman may sell, convey or encumber any of her lands and chattels real, but such sale, conveyance or encumbrance shall not bar the husband’s right to curtesy unless he joins in the instrument of sale, conveyance or encumbrance or releases his right to curtesy by separate instrument.
(2) Any married woman may convey by agent any interest she has in real or personal property situated in this state if she could lawfully convey it in person. The conveyance shall be made by virtue of a power of attorney, executed and acknowledged or proven as deeds by married women are required to be.
Effective: October 1, 1942
History: Amended 1942 Ky. Acts ch. 152, secs. 4 and 6. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 508, 2129.
(2) Any married woman may convey by agent any interest she has in real or personal property situated in this state if she could lawfully convey it in person. The conveyance shall be made by virtue of a power of attorney, executed and acknowledged or proven as deeds by married women are required to be.
Terms Used In Kentucky Statutes 404.030
- Personal property: All property that is not real property.
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
Effective: October 1, 1942
History: Amended 1942 Ky. Acts ch. 152, secs. 4 and 6. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 508, 2129.