In cases in which lands or tenements will not permit division, the court, being satisfied of that fact or on the report of the commissioners to that effect, shall order that the tenements or lands be rented out and that one-third (1/3) part of the proceeds be paid to the surviving spouse in lieu of dower or curtesy in the lands or tenements.
Structure Arkansas Code
Title 28 - Wills, Estates, and Fiduciary Relationships
Subtitle 4 - Administration Of Decedents' Estates
Chapter 39 - Rights Of Surviving Family Members
Subchapter 3 - Assignment of Dower and Curtesy
§ 28-39-301. Assignment by heir — Acceptance
§ 28-39-302. Assignment by heir — Grant of severance rights required
§ 28-39-303. Proceedings for allotment
§ 28-39-304. Assignment by commissioners
§ 28-39-305. Rental of indivisible property
§ 28-39-306. Sale of property indivisible without prejudice
§ 28-39-307. Rights of surviving spouse when dower or curtesy land alienated by heir
§ 28-39-308. Surviving spouse's bequest of growing crop
§ 28-39-309. Recovery of dower or curtesy lands taken from surviving spouse — Damages