In proceedings in the circuit court for the allotment of dower or curtesy, when it appears to the court that dower or curtesy cannot be allotted out of the real estate without great prejudice to the surviving spouse or heirs and that it will be most to the interest of the parties that the real estate may be sold, the court may decree a sale of the real estate free from the dower or curtesy and decree that a portion of the proceeds may be paid to the surviving spouse in lieu of the dower or curtesy or interest otherwise secured to the surviving spouse as to the court may seem equitable and just.
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