reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 2 - LICENSE AND CEREMONY (§§ 9-11-201 — 9-11-221) › Section 9-11-210 - Bond of applicant

(a)
Any person applying for a license under the provisions of this act shall be required to enter into bond to the State of Arkansas in the penal sum of one hundred dollars ($100) for the use of and benefit of the general fund of the county to ensure that the parties applying have a lawful right to the license and that they will faithfully carry into effect and comply with the provisions of this act.
(b)
The bond shall be void when the license is duly returned to the office of the county clerk, duly executed and officially signed by someone authorized by law to solemnize the rites of matrimony.
Acts 1875, No. 127, § 4, p. 260; C. & M. Dig., § 7061; Pope's Dig., § 9043; Acts 1983, No. 419, § 1; A.S.A. 1947, § 55-213; Acts 1999, No. 1540, § 1
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 2 - LICENSE AND CEREMONY (§§ 9-11-201 — 9-11-221) › Section 9-11-211 - Military personnel - Waiver of certain license requirements - Proceedings

(a)
(1)
Upon written petition being filed with the county clerk of any county in this state, the county court, after hearing, may in its discretion waive by written order the requirement of bond, as prescribed by §
9-11-210
, and the consent of parents, as required by §§
9-11-102
-
9-11-105
. The court may authorize and direct the county clerk to forthwith issue a license to marry to any resident of this state who is on active duty with the United States Armed Forces or to any resident of this state to marry a person who is on active duty with the United States Armed Forces.
(2)
Nothing in this section is to be considered as reducing the statutory marriageable age of females not in the military service.
(b)
(1)
The petition shall be signed and properly verified by both the parties seeking the license to marry and shall be styled "In the Matter of the Issuance of a Marriage License to a Member of the Armed Forces of the United States of America".
(2)
The petition shall set out the full name and address of each party, the military serial number of the service man or woman, rank, and military organization to which he or she is attached.
(3)
The birth certificate of the nonservice man or woman shall be attached to the petition as an exhibit.
(4)
The parties shall personally appear before the court, and the service man or woman will appear in uniform and exhibit to the court his or her military identification card.
(5)
The parties will be required to execute the notice of intention to wed as prescribed by §
9-11-205
and file the notice with the county clerk.
(c)
The county courts of this state for the purpose of this section shall be open and in session during regular office hours.
Acts 1967, No. 380, §§ 1-3; A.S.A. 1947, §§ 55-247 -- 55-249
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 2 - LICENSE AND CEREMONY (§§ 9-11-201 — 9-11-221) › Section 9-11-212 - Application without other's consent - Penalties - Damages

(a)
If any person shall apply for and obtain a license to marry another, without first obtaining the consent of that party, the person shall be guilty of a misdemeanor and upon conviction shall be fined in any sum not less than ten dollars ($10.00) nor more than one hundred dollars ($100). The fines, when collected, shall be paid into the general fund of the county wherein the offense is tried.
(b)
The party so doing shall moreover be liable to the party injured in any sum that a court or jury of competent jurisdiction may adjudge for damages.
Acts 1875, No. 127, § 7, p. 260; C. & M. Dig., § 7064; Pope's Dig., § 9046; A.S.A. 1947, § 55-215; Acts 1999, No. 1540, § 2
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 2 - LICENSE AND CEREMONY (§§ 9-11-201 — 9-11-221) › Section 9-11-213 - Persons who may solemnize marriages

(a)
For the purpose of being registered and perpetuating the evidence thereof, marriage shall be solemnized only by the following persons:
(1)
The Governor;
(2)
Any former justice of the Supreme Court;
(3)
Any judges of the courts of record within this state, including any former judge of a court of record who served at least four (4) years or more;
(4)
Any justice of the peace, including any former justice of the peace who served at least two (2) terms since the passage of Arkansas Constitution, Amendment 55;
(5)
Any regularly ordained minister or priest of any religious sect or denomination;
(6)
The former mayor of any city of the first or second class who served at least five (5) years as mayor or the current mayor of any city or town;
(7)
Any official appointed for that purpose by the quorum court of the county where the marriage is to be solemnized; or
(8)
Any elected district court judge and any former municipal or district court judge who served at least four (4) years.
(b)
(1)
Marriages solemnized through the traditional rite of the Religious Society of Friends, more commonly known as "Quakers", are recognized as valid to all intents and purposes the same as marriages otherwise contracted and solemnized in accordance with law.
(2)
The functions, duties, and liabilities of a party solemnizing marriage, as set forth in the marriage laws of this state, in the case of marriages solemnized through the traditional marriage rite of the Religious Society of Friends, shall be incumbent upon the clerk of the congregation or, in his or her absence, his or her duly designated alternate.
Amended by Act 2021, No. 898,§ 1, eff. 7/28/2021.
Rev. Stat., ch. 94, § 10; Acts 1873, No. 2, § 1, p. 2; C. & M. Dig., § 7046; Pope's Dig., § 9026; Acts 1947, No. 231, § 1; 1977, No. 95, § 2; 1979, No. 693, § 1; 1983, No. 850, § 1; A.S.A. 1947, § 55-216; Acts 1987, No. 394, § 1; 1997, No. 862, § 1; 2001, No. 1068, § 1; 2003, No. 1185, § 16; 2007, No. 98, § 1
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 2 - LICENSE AND CEREMONY (§§ 9-11-201 — 9-11-221) › Section 9-11-214 - Recordation of credentials of clerical character

(a)
No minister of the gospel or priest of any religious sect or denomination shall be authorized to solemnize the rites of matrimony in this state until the minister or priest has caused to be recorded his or her license or credentials of his or her clerical character in the office of the county clerk of some county in this state. The minister or priest must also have obtained from the clerk a certificate, under his or her hand and seal, that the credentials are duly recorded in his or her office.
(b)
It shall be the duty of a minister of the gospel or priest to add to the certificate of marriage required by law a statement setting forth the county where and the time when his or her license or credentials were so recorded.
(c)
Any minister of the gospel, priest of any religious sect or denomination, or any person purporting to be such, who shall solemnize the rites of matrimony contrary to the provisions of this section, shall be deemed guilty of a misdemeanor. On conviction he or she shall be fined in any sum not less than one hundred dollars ($100).
(d)
(1)
It shall be the duty of the clerk and recorder in each county, seasonably to record, in a well-bound book to be kept for that purpose, all licenses or credentials of clerical character of the persons who deposit the licenses or credentials of clerical character with him or her for record.
(2)
Any clerk failing to comply with the provisions of this subsection shall, on motion of the party aggrieved, giving the clerk ten (10) days' notice in writing of the motion, be fined any sum not exceeding one hundred dollars ($100).
Rev. Stat., ch. 94, §§ 11, 22, 23; Acts 1843, §§ 2, 3, p. 55; 1873, No. 2, §§ 2, 3, p. 2; C. & M. Dig., §§ 7047, 7049, 7053, 7054; Pope's Dig., §§ 9027, 9029, 9033, 9034; Acts 1947, No. 93, § 1; A.S.A. 1947, §§ 55-218 -- 55-221
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 2 - LICENSE AND CEREMONY (§§ 9-11-201 — 9-11-221) › Section 9-11-215 - Marriage ceremony

(a)
When marriages are solemnized by a minister of the gospel or priest, the ceremony shall be according to the forms and customs of the church or society to which he or she belongs. When solemnized by a civil officer, the form observed shall be the one the officer deems most appropriate.
(b)
It shall be lawful for religious societies who reject formal ceremonies to join together in marriage persons who are members of the society according to the forms, customs, or rites of the society to which they belong, with the exception that the requirements set forth in the Covenant Marriage Act of 2001, §
9-11-801
et seq., shall be complied with if the parties enter into a covenant marriage.
Rev. Stat., ch. 94, §§ 12, 13; C. & M. Dig., §§ 7050, 7051; Pope's Dig., §§ 9030, 9031; A.S.A. 1947, §§ 55-222, 55-223; Acts 2001, No. 1486, § 3
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 2 - LICENSE AND CEREMONY (§§ 9-11-201 — 9-11-221) › Section 9-11-216 - Solemnization contrary to law - Penalty

(a)
Any person who presumes to solemnize marriage in this state contrary to the provisions of this act shall be adjudged guilty of a misdemeanor and upon conviction shall be fined in any sum not less than one hundred dollars ($100) nor more than five hundred dollars ($500).
(b)
The fine imposed by subsection (a) of this section shall be paid when collected into the general fund of the county in which the offense was committed.
Acts 1875, No. 127, § 8 (last part), p. 260; C. & M. Dig., § 7066; Pope's Dig., § 9048; A.S.A. 1947, § 55-217; Acts 1999, No. 1540, § 3
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 2 - LICENSE AND CEREMONY (§§ 9-11-201 — 9-11-221) › Section 9-11-217 - Failure to sign and return license at time of marriage - Penalty

(a)
Any person who fails to officially sign and return any license to the parties at the time of the marriage shall be adjudged guilty of a misdemeanor and upon conviction shall be fined in any sum not less than one hundred dollars ($100) nor more than five hundred dollars ($500).
(b)
The fine imposed by subsection (a) of this section shall be paid when collected into the general fund of the county in which the offense was committed.
Acts 1875, No. 127, § 8 (last part), p. 260; C. & M. Dig., § 7066; Pope's Dig., § 9048; A.S.A. 1947, § 55-217; Acts 1999, No. 1540, § 4
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 2 - LICENSE AND CEREMONY (§§ 9-11-201 — 9-11-221) › Section 9-11-218 - Return of executed license to clerk - Effect on bond

(a)
Any person obtaining a license under the provisions of this act shall be required to return the license to the office of the clerk of the county court within sixty (60) days from the date of the license.
(b)
(1)
If the license is duly executed and officially signed by some person authorized by law to solemnize marriage in this state, the bond required by §
9-11-210
shall be deemed null and void.
(2)
Otherwise, it shall remain in full force and effect.
Acts 1875, No. 127, § 6, p. 260; C. & M. Dig., § 7063; Pope's Dig., § 9045; A.S.A. 1947, § 55-224
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 2 - LICENSE AND CEREMONY (§§ 9-11-201 — 9-11-221) › Section 9-11-219 - False return or record - Penalty

If any person authorized to solemnize any marriage in this state shall willfully make a false return of any marriage or pretended marriage to the clerk and recorder, or if the clerk and recorder shall willfully make a false record of any return of a marriage license made to him or her, the offender shall be deemed guilty of a misdemeanor and on conviction shall be fined in any sum not less than one hundred dollars ($100).
Rev. Stat., ch. 94, § 25; C. & M. Dig., § 7068; Pope's Dig., § 9050; A.S.A. 1947, § 55-225
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 2 - LICENSE AND CEREMONY (§§ 9-11-201 — 9-11-221) › Section 9-11-220 - Duty of clerk on return of license - Issuance of certificate

(a)
Upon the return of any license officially signed as having been executed and that the parties therein named have been duly and according to law joined in marriage, the clerk issuing the license shall make a record thereof in the marriage record in his or her office.
(b)
The clerk shall immediately make out a certificate of the record, giving the names, date, book, and page, together with the name of the county and state, and attach the certificate to the license and return the license to the party presenting it.
(c)
The certificate shall be sealed with the county seal.
(d)
The circuit clerks in counties having two (2) judicial districts shall keep a record at the county site of each district in which marriage licenses shall be recorded.
(e)
(1)
If a license has been returned and recorded by the clerk that contains clerical or scrivener's errors, the licensee may submit proof of the error to the circuit court in an ex parte proceeding.
(2)
The court, upon a finding of error, shall order the county clerk to correct the errors on the license.
(3)
The licensee shall not be charged a fee for filing a request to correct clerical or scrivener's errors.
(f)
On the face of the certificate shall appear the certification to the fact of marriage, including, if applicable, a designation that the parties entered into a covenant marriage signed by the parties to the marriage and the witnesses, and the signature and title of the officiant.
Amended by Act 2015, No. 1127,§ 3, eff. 7/22/2015
Acts 1875, No. 127, § 9, p. 260; 1901, No. 123, § 2, p. 194; C. & M. Dig., §§ 7059, 7067; Pope's Dig., §§ 9041, 9049; A.S.A. 1947, §§ 55-226, 55-227; Acts 2001, No. 751, § 1; 2001, No. 1486, § 4
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 2 - LICENSE AND CEREMONY (§§ 9-11-201 — 9-11-221) › Section 9-11-221 - Certified copies of record as evidence

The books of marriages and clerical credentials to be kept by the respective clerks and recorders and copies duly certified by the clerks and recorders shall be evidence in all the courts in this state.
Rev. Stat., ch. 94, § 24; C. & M. Dig., § 7055; Pope's Dig., § 9035; A.S.A. 1947, § 55-230
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 3 - MARRIAGE CONTRACTS GENERALLY (§§ 9-11-301 — 9-11-305) › Section 9-11-301 - Execution of contract

All marriage contracts whereby any estate, real or personal, is intended to be secured or conveyed to any person, or whereby the estate may be affected in law or equity, shall be in writing acknowledged by each of the contracting parties or proved by one (1) or more subscribing witnesses.
Rev. Stat., ch. 95, § 1; C. & M. Dig., § 7028; Pope's Dig., § 9008; A.S.A. 1947, § 55-301
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 3 - MARRIAGE CONTRACTS GENERALLY (§§ 9-11-301 — 9-11-305) › Section 9-11-302 - Acknowledgment or proof

Marriage contracts shall be acknowledged or proven before a court of record, before some judge or clerk of a court of record, or before any former judge of a court of record who served at least four (4) years, of the state in which the contract is made and executed, which acknowledgment or proof shall be taken and certified in the same manner as deeds of conveyance for lands are or shall be required by law to be acknowledged or proven.
Rev. Stat., ch. 95, § 2; C. & M. Dig., § 7029; Pope's Dig., § 9009; Acts 1983, No. 850, § 2; A.S.A. 1947, § 55-302
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 3 - MARRIAGE CONTRACTS GENERALLY (§§ 9-11-301 — 9-11-305) › Section 9-11-303 - Recordation - Effect

(a)
Every marriage contract whereby any real estate is conveyed or secured shall be recorded with the certificate of proof or acknowledgment in the office of the clerk and recorder of every county in which any estate intended to be affected or conveyed shall be situated.
(b)
When a marriage contract is deposited with the recorder of any county for record, it shall be deemed full notice to all persons of the contents thereof, as far as relates to real estate affected thereby in the county where it is deposited.
Rev. Stat., ch. 95, §§ 3, 4; C. & M. Dig., §§ 7030, 7031; Pope's Dig., §§ 9010, 9011; A.S.A. 1947, §§ 55-303, 55-304
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 3 - MARRIAGE CONTRACTS GENERALLY (§§ 9-11-301 — 9-11-305) › Section 9-11-304 - Effect of unrecorded contract

No marriage contract shall be valid or affect property, except between the parties thereto and those who have actual notice thereof, until it shall be deposited for record with the clerk and recorder of the county where the real estate is situated.
Rev. Stat., ch. 95, § 5; C. & M. Dig., § 7032; Pope's Dig., § 9012; A.S.A. 1947, § 55-305
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 3 - MARRIAGE CONTRACTS GENERALLY (§§ 9-11-301 — 9-11-305) › Section 9-11-305 - Contract or copy as evidence - Conclusiveness

(a)
Marriage contracts duly proved or acknowledged, certified, or recorded shall be received as evidence in any court of record of this state, without further proof of their execution.
(b)
When it shall appear to a court that any marriage contract duly acknowledged or proved and recorded is lost or is not in the power of the party wishing to use it, a copy duly certified under the hand and seal of the clerk and recorder may be received in evidence.
(c)
Neither the certificate of acknowledgment nor probate of any marriage contract, nor the record or transcript thereof, shall be conclusive, but may be rebutted.
Rev. Stat., ch. 95, §§ 6-8; C. & M. Dig., §§ 7033-7035; Pope's Dig., §§ 9013-9015; A.S.A. 1947, §§ 55-306 -- 55-308
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 4 - ARKANSAS PREMARITAL AGREEMENT ACT (§§ 9-11-401 — 9-11-413) › Section 9-11-401 - Definitions

(1)
"Premarital agreement" means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.
(2)
"Property" means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings.
Acts 1987, No. 715, § 1
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 4 - ARKANSAS PREMARITAL AGREEMENT ACT (§§ 9-11-401 — 9-11-413) › Section 9-11-402 - Formalities - Definition

(a)
A premarital agreement must be in writing and signed and acknowledged by both parties. It is enforceable without consideration.
(b)
As used in this section, "acknowledged" means:
(1)
A formal declaration or admission before an authorized public officer by the parties who execute the premarital agreement providing that the premarital agreement is the act and deed of the parties;
(2)
A sworn affirmation by the respective attorneys of each party that the party represented by the attorney understands and consents to the legal effect of the premarital agreement;
(3)
An agreement signed by the parties that is witnessed by a notary and includes a statement that the parties:
(A)
Have consulted with their respective attorneys regarding the premarital agreement;
(B)
Have read and understand the premarital agreement; and
(C)
Freely entered into the premarital agreement without coercion or undue influence; or
(4)
An execution of the premarital agreement by both parties that is witnessed by two (2) individuals who are disinterested parties to the premarital agreement.
Amended by Act 2017, No. 654,§ 2, eff. 8/1/2017
Acts 1987, No. 715, § 2
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 4 - ARKANSAS PREMARITAL AGREEMENT ACT (§§ 9-11-401 — 9-11-413) › Section 9-11-403 - Content

(a)
Parties to a premarital agreement may contract with respect to:
(1)
the rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;
(2)
the right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
(3)
the disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;
(4)
the modification or elimination of spousal support;
(5)
the making of a will, trust, or other arrangement to carry out the provisions of the agreement;
(6)
the ownership rights in and disposition of the death benefit from a life insurance policy;
(7)
the choice of law governing the construction of the agreement; and
(8)
any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.
(b)
The right of a child to support may not be adversely affected by a premarital agreement.
Acts 1987, No. 715, § 3
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 4 - ARKANSAS PREMARITAL AGREEMENT ACT (§§ 9-11-401 — 9-11-413) › Section 9-11-404 - Effect of marriage

A premarital agreement becomes effective upon marriage.
Acts 1987, No. 715, § 4
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 4 - ARKANSAS PREMARITAL AGREEMENT ACT (§§ 9-11-401 — 9-11-413) › Section 9-11-405 - Amendment or revocation

After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. The amended agreement or the revocation is enforceable without consideration.
Acts 1987, No. 715, § 5
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 4 - ARKANSAS PREMARITAL AGREEMENT ACT (§§ 9-11-401 — 9-11-413) › Section 9-11-406 - Enforcement

(a)
A premarital agreement is not enforceable if the party against whom enforcement is sought proves that:
(1)
that party did not execute the agreement voluntarily; or
(2)
the agreement was unconscionable when it was executed and, before execution of the agreement, that party:
(i)
was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;
(ii)
did not voluntarily and expressly waive after consulting with legal counsel, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and
(iii)
did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.
(b)
If a provision of a premarital agreement modifies or eliminates spousal support and that modification or elimination causes one (1) party to the agreement to be eligible for support under a program of public assistance at the time of separation or marital dissolution, a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid that eligibility.
(c)
An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.
Acts 1987, No. 715, § 6
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 4 - ARKANSAS PREMARITAL AGREEMENT ACT (§§ 9-11-401 — 9-11-413) › Section 9-11-407 - Enforcement - Void marriage

If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.
Acts 1987, No. 715, § 7
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 4 - ARKANSAS PREMARITAL AGREEMENT ACT (§§ 9-11-401 — 9-11-413) › Section 9-11-408 - Limitations of actions

Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement. However, equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party.
Acts 1987, No. 715, § 8
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 4 - ARKANSAS PREMARITAL AGREEMENT ACT (§§ 9-11-401 — 9-11-413) › Section 9-11-409 - Application and construction

This subchapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it.
Acts 1987, No. 715, § 9
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 4 - ARKANSAS PREMARITAL AGREEMENT ACT (§§ 9-11-401 — 9-11-413) › Section 9-11-410 - Short title

This subchapter may be cited as the "Arkansas Premarital Agreement Act".
Acts 1987, No. 715, § 10
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 4 - ARKANSAS PREMARITAL AGREEMENT ACT (§§ 9-11-401 — 9-11-413) › Section 9-11-411 - Severability

If any provision of this subchapter or its application to any person or circumstance be held invalid, the invalidity does not affect other provisions or applications of this subchapter that can be given effect without the invalid provision or application, and to this end the provisions of this subchapter are severable.
Acts 1987, No. 715, § 11
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 4 - ARKANSAS PREMARITAL AGREEMENT ACT (§§ 9-11-401 — 9-11-413) › Section 9-11-412 - Time of taking effect

This subchapter takes effect July 20, 1987, and applies to any premarital agreement executed on or after that date.
Acts 1987, No. 715, § 12
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 4 - ARKANSAS PREMARITAL AGREEMENT ACT (§§ 9-11-401 — 9-11-413) › Section 9-11-413 - Repeal

The following acts and parts of acts are repealed:
(a)
Acts 1981, No. 548.
(b)
All laws and parts of laws in conflict with this subchapter.
Acts 1987, No. 715, § 13
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 5 - RIGHTS AND PROPERTY OF MARRIED PERSONS (§§ 9-11-501 — 9-11-516) › Section 9-11-501 - Construction of this section and sections 9-11-509 - 9-11-514

The rule that statutes in derogation of the common law shall be strictly construed shall have no application to this section and §§
9-11-509
-
9-11-514
.
Acts 1875 (Adj. Sess.), No. 91, § 6, p. 172; C. & M. Dig., § 5596; Pope's Dig., § 7246; Acts 1981, No. 873, § 11; A.S.A. 1947, § 55-414
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 5 - RIGHTS AND PROPERTY OF MARRIED PERSONS (§§ 9-11-501 — 9-11-516) › Section 9-11-502 - [Repealed]

Repealed by Act 2013, No. 1152,§ 5, eff. 8/16/2013
Acts 1915, No. 159, § 1; 1919, No. 66, § 1; C. & M. Dig., § 5577; Pope's Dig., § 7227; A.S.A. 1947, § 55-401
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 5 - RIGHTS AND PROPERTY OF MARRIED PERSONS (§§ 9-11-501 — 9-11-516) › Section 9-11-503 - Rights generally

(a)
A married person may bargain, sell, assign, and transfer his or her separate personal property, carry on any trade or business, and perform any labor or services on his or her sole and separate account.
(b)
The earnings of any married person from the trade, business, labor, or services shall be his or her sole and separate property and may be used or invested in the person's own name.
(c)
He or she may sue alone or be sued in the courts of this state on account of the property, business, or services.
Acts 1873, No. 126, § 3, p. 382; C. & M. Dig., § 5581; Pope's Dig., § 7231; Acts 1981, No. 873, § 1; A.S.A. 1947, § 55-402
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 5 - RIGHTS AND PROPERTY OF MARRIED PERSONS (§§ 9-11-501 — 9-11-516) › Section 9-11-504 - [Repealed]

Repealed by Act 2013, No. 1152,§ 6, eff. 8/16/2013
Acts 1895, No. 47, § 1, p. 58; Pope's Dig., § 7226; A.S.A. 1947, § 55-405
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 5 - RIGHTS AND PROPERTY OF MARRIED PERSONS (§§ 9-11-501 — 9-11-516) › Section 9-11-505 - Control of separate real and personal property

(a)
The real and personal property that any married person now owns, or has had conveyed to him or her by any person in good faith and without prejudice to existing creditors, that is acquired as sole and separate property, that comes to him or her by gift, bequest, descent, grant, or conveyance from any person, that he or she has acquired by trade, business, labor, or services carried on or performed on his or her sole or separate account, that a married person in this state holds or owns at the time of the marriage, and the rents, issues, and proceeds of all such property shall, notwithstanding the marriage, be and remain his or her sole and separate property.
(b)
The separate property may be used, collected, and invested by him or her, in his or her own name, and shall not be subject to the interference or control of his or her spouse nor shall it be liable for the spouse's debts, except as may have been contracted for the support of the spouse, or support of the children of the marriage by the spouse or his or her agent.
Acts 1873, No. 126, § 2, p. 382; C. & M. Dig., § 5580; Pope's Dig., § 7230; Acts 1981, No. 873, § 2; A.S.A. 1947, § 55-404
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 5 - RIGHTS AND PROPERTY OF MARRIED PERSONS (§§ 9-11-501 — 9-11-516) › Section 9-11-506 - Spouses not liable for each other's antenuptial debts

In all marriages solemnized after February 1, 1899, neither spouse shall be held to be liable for the antenuptial debts of the other, except by virtue of an express written contract.
Acts 1899, No. 5, § 1, p. 4; C. & M. Dig., § 5590; Pope's Dig., § 7240; Acts 1981, No. 873, § 5; A.S.A. 1947, § 55-408
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 5 - RIGHTS AND PROPERTY OF MARRIED PERSONS (§§ 9-11-501 — 9-11-516) › Section 9-11-507 - Separate property of one spouse not liable for other spouse's debts

The property of any male or female, whether real or personal, and whether acquired before or after marriage in that person's own right, shall not be sold to pay the debts of a spouse contracted for or damages incurred by the spouse before marriage.
Rev. Stat., ch. 60, § 22; C. & M. Dig., § 5589; Pope's Dig., § 7239; Acts 1981, No. 873, § 4; A.S.A. 1947, § 55-406
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 5 - RIGHTS AND PROPERTY OF MARRIED PERSONS (§§ 9-11-501 — 9-11-516) › Section 9-11-508 - Contracts concerning separate property of one spouse not binding on other spouse

No bargain or contract made by any married person, in respect to his or her sole and separate property or any property that may come to him or her by descent, devise, bequest, purchase, or gift or grant of any person, and no bargain or contract entered into by any married person, in or about the carrying on of any trade or business, under any statute of the state, shall be binding upon his or her spouse or render his or her person or property in any way liable therefor.
Acts 1873, No. 126, § 4, p. 382; C. & M. Dig., § 5582; Pope's Dig., § 7232; Acts 1981, No. 873, § 3; A.S.A. 1947, § 55-407
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 5 - RIGHTS AND PROPERTY OF MARRIED PERSONS (§§ 9-11-501 — 9-11-516) › Section 9-11-509 - Schedule of separate personal property - Filing - Effect

(a)
A married person owning any separate personal property may make a schedule of the property and file it in the recorder's office of the county where he or she then lives.
(b)
The schedule so filed, or a duly certified copy thereof, under the hand and seal of the recorder, shall be prima facie evidence, in all courts and places, that the property mentioned in the schedule, together with the issues and increases of the property, is, and was at the date of the making of the schedule, the separate property of the married person.
Acts 1875 (Adj. Sess.), No. 91, § 1, p. 172; C. & M. Dig., § 5591; Pope's Dig., § 7241; Acts 1981, No. 873, § 6; A.S.A. 1947, § 55-409
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 5 - RIGHTS AND PROPERTY OF MARRIED PERSONS (§§ 9-11-501 — 9-11-516) › Section 9-11-511 - Filing of schedule by person selling or giving property - Effect of recording conveyance or will

(a)
Any persons who shall bona fide sell or give any property to a married person may schedule and record the sale or gift as the separate property of the married person, with the same and like effect as though the scheduling and recording had been done by the married person.
(b)
Any conveyance or will of property to a married person, on being duly recorded, shall have all the effect of a schedule under this section and §§
9-11-501
,
9-11-509
,
9-11-510
, and
9-11-512
-
9-11-514
.
Acts 1875 (Adj. Sess.), No. 91, § 2, p. 172; C. & M. Dig., § 5592; Pope's Dig., § 7242; Acts 1981, No. 873, § 7; A.S.A. 1947, § 55-410
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 5 - RIGHTS AND PROPERTY OF MARRIED PERSONS (§§ 9-11-501 — 9-11-516) › Section 9-11-512 - Effect of failure to file schedule

The separate estate and property of a married person shall not be forfeited nor shall any rights and title thereto be prejudiced by a failure or neglect to file a schedule. However, in any suit, action, or proceeding relating to the property when the property has not been scheduled and recorded the burden of proof shall rest upon the married person to show the property is his or her separate property.
Acts 1875 (Adj. Sess.), No. 91, § 3, p. 172; C. & M. Dig., § 5593; Pope's Dig., § 7243; Acts 1981, No. 873, § 8; A.S.A. 1947, § 55-411
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 5 - RIGHTS AND PROPERTY OF MARRIED PERSONS (§§ 9-11-501 — 9-11-516) › Section 9-11-513 - Control of one spouse's separate property by other spouse - Presumption of agency or trusteeship

The fact that a married person permits his or her spouse to have the custody, control, and management of separate property shall not of itself be sufficient evidence that the married person has relinquished title to the property. However, the presumption shall be that the spouse is acting as the agent or trustee of the other. This presumption may be rebutted by any evidence establishing a sale or gift of the property to the other spouse.
Acts 1875 (Adj. Sess.), No. 91, § 4, p. 172; C. & M. Dig., § 5594; Pope's Dig., § 7244; Acts 1981, No. 873, § 9; A.S.A. 1947, § 55-412
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 5 - RIGHTS AND PROPERTY OF MARRIED PERSONS (§§ 9-11-501 — 9-11-516) › Section 9-11-514 - Settlements in equity

This section and §§
9-11-501
and
9-11-509
-
9-11-513
shall not be construed to abridge the existing jurisdiction and powers of a court of equity to make a settlement upon a spouse out of his or her separate estate and property and otherwise protect his or her separate property rights. Such jurisdiction is extended to securing to each spouse his or her separate property as required by law.
Acts 1875 (Adj. Sess.), No. 91, § 5, p. 172; C. & M. Dig., § 5595; Pope's Dig., § 7245; Acts 1981, No. 873, § 10; A.S.A. 1947, § 55-413
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 5 - RIGHTS AND PROPERTY OF MARRIED PERSONS (§§ 9-11-501 — 9-11-516) › Section 9-11-515 - [Repealed]

Repealed by Act 2013, No. 1152,§ 7, eff. 8/16/2013
Acts 1893, No. 21, § 2, p. 38; C. & M. Dig., § 5578; Pope's Dig., § 7228; A.S.A. 1947, § 55-403
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 5 - RIGHTS AND PROPERTY OF MARRIED PERSONS (§§ 9-11-501 — 9-11-516) › Section 9-11-516 - Doctrine of necessaries - Abolished

(a)
(1)
Absent express authority, neither a husband nor a wife is liable for the other's debt obligations, including those for necessaries.
(2)
As used in this section, "necessaries" means all such things required for the sustenance of a person, including food, clothing, medicine, and habitation.
(b)
The doctrine of necessaries, as it is known in the common law, is hereby abolished.
Acts 2011, No. 1183, § 1
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 6 - RIGHTS IN REAL ESTATE OF INSANE SPOUSE (§§ 9-11-601 — 9-11-604) › Section 9-11-601 - Obligations to support spouse unaffected by subchapter

Nothing in this subchapter shall be construed to release the plaintiff from any legal obligation the plaintiff may be under to support the defendant out of the plaintiff's estate, the same as if this subchapter had not been enacted.
Acts 1905, No. 337, § 4, p. 794; C. & M. Dig., § 3564; Pope's Dig., § 4450; Acts 1981, No. 714, § 12; A.S.A. 1947, § 59-704
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 6 - RIGHTS IN REAL ESTATE OF INSANE SPOUSE (§§ 9-11-601 — 9-11-604) › Section 9-11-602 - Sale of real estate free of dower or curtesy - Petition

(a)
(1)
Any person owning lands in this state and whose spouse is adjudged insane may apply by petition to the circuit court of the county where the lands are situated for leave to sell the real estate, or any part thereof, discharged and unencumbered of the rights of dower or curtesy of the spouse.
(2)
The petition shall set forth the insanity of the spouse, the nature and duration thereof, the person with whom and the place at which the spouse may then be residing, the nature and object of the conveyance desired to be made, describing the real estate and giving the name of the person to whom the conveyance is intended to be made, and the consideration thereof, and that the intention of the conveyance is not to deprive the spouse of dower or curtesy, as the case may be, but to dispose of the real estate in the usual and ordinary course of business.
(b)
On the filing of the petition, the court shall appoint some reliable and disinterested citizen not related to either of the parties, nor interested directly or indirectly in the real estate or any part thereof described in the petition as guardian ad litem for the defendant. The guardian ad litem shall forthwith cause the appearance of the defendant to be entered of record in the case from time to time and make such pleadings in the case as may seem fit to him or her for the interest of his or her ward and be consistent with the practice of the court. All acts of the guardian ad litem shall be deemed valid and binding on the defendant.
Acts 1905, No. 337, § 1, p. 794; C. & M. Dig., § 3561; Pope's Dig., § 4447; Acts 1981, No. 714, § 10; A.S.A. 1947, § 59-701
Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 2 - DOMESTIC RELATIONS (§§ 9-8-101 — 9) › Chapter 11 - MARRIAGE (§§ 9-11-101 — 9-11-811) › Subchapter 6 - RIGHTS IN REAL ESTATE OF INSANE SPOUSE (§§ 9-11-601 — 9-11-604) › Section 9-11-603 - Sale of real estate free of dower or curtesy - Order and deposit

(a)
Upon the hearing of the petition, if the court deems it to be in the best interest of the parties that the land be sold, it may make an order that the plaintiff may sell the land free and discharged and unencumbered of the right of dower or curtesy, as the case may be.
(b)
In every such order, the court shall adjudge as part of the order that before the sale shall become effective, the petitioner or his or her grantee shall deposit into the registry of the court, in cash, one-third (1/3) of the purchase price of the lands to be disposed of as provided in this section. In all such sales, the sale shall be reported to the circuit court and the sale approved thereby.
(c)
(1)
The deposit of one-third (1/3) of the purchase price of the land shall be held in trust by the clerk of the court and loaned out by him or her under the order of the court from time to time at the highest obtainable rate of interest, upon security to be approved by the court or judge in vacation. The clerk shall be responsible therefor on his or her official bond.
(2)
The interest on the money shall be paid over annually to the plaintiff. However, the court may make, upon application, of which the plaintiff shall be notified, and on reasonable showing, reasonable allowance out of the interest from time to time for the support of the defendant.
(d)
(1)
Should the insane defendant be survived by the plaintiff, the deposit shall be paid over to the plaintiff upon the plaintiff's application to the court. If the plaintiff survives the defendant but dies before an order of the court is actually made to pay the moneys over to the plaintiff, then the moneys shall descend to the plaintiff's heirs at law as realty and shall be paid over to the plaintiff's heirs or legal representatives according to law or the lawful order of the circuit court.
(2)
In the event that the plaintiff is survived by the defendant, the interest accruing on the deposit shall be paid over to the defendant only during the defendant's natural life. At the defendant's death the deposit shall descend to the heirs at law of the plaintiff as realty and shall be paid over to the plaintiff's heirs or legal representatives according to law or the lawful order of the circuit court.
Acts 1905, No. 337, §§ 2-5, p. 794; C. & M. Dig., §§ 3562-3565; Pope's Dig., §§ 4448-4451; Acts 1981, No. 714, §§ 11-13; A.S.A. 1947, §§ 59-702 -- 59-705