(a) Hereafter, when any circuit court in this state renders a final decree of divorce, any estate by the entirety or survivorship in real or personal property held by the parties to the divorce shall be automatically dissolved unless the court order specifically provides otherwise, and in the division and partition of the property, the parties shall be treated as tenants in common.
(b) Notwithstanding subsection (a) of this section or any other law to the contrary, when one (1) of the parties to the estate by the entirety has been found guilty or has pleaded guilty or nolo contendere to a felony during the marriage and within three (3) years of filing the complaint for divorce and the other party to the divorce did not benefit from the felony, the circuit judge may award the property to the spouse who did not commit the felony or to both parties in any proportion deemed equitable by the circuit judge.
(c) However, when a circuit court in this state renders an absolute divorce from the bonds of matrimony or a divorce from bed and board, and the court dissolves estates by the entirety or survivorship in real or personal property under this section, the court may distribute the property as provided in § 9-12-315. The court shall set forth its reasons in writing in the decree for making an other than equal distribution to each party, when all the property is considered together, taking into account the factors enumerated in § 9-12-315(a)(1).
Structure Arkansas Code
Subtitle 2 - Domestic Relations
Chapter 12 - Divorce and Annulment
Subchapter 3 - Actions for Divorce or Alimony
§ 9-12-301. Grounds for divorce
§ 9-12-302. Equitable proceedings
§ 9-12-303. Venue — Service of process
§ 9-12-304. Pleadings — Interrogatories
§ 9-12-305. No judgment pro confesso
§ 9-12-307. Matters that must be proved — Definition
§ 9-12-308. Effect of collusion, consent, or equal guilt of parties
§ 9-12-309. Maintenance and attorney's fees — Interest
§ 9-12-310. Waiting period before rendition of decree
§ 9-12-311. Legitimacy of children not affected
§ 9-12-312. Alimony — Child support — Bond — Method of payment — Definition
§ 9-12-313. Enforcement of separation agreements and decrees of court
§ 9-12-314. Modification of allowance for alimony and maintenance — Child support
§ 9-12-315. Division of property — Definition
§ 9-12-316. Property settlements
§ 9-12-317. Dissolution of estates by the entirety or survivorship
§ 9-12-318. Restoration of name
§ 9-12-319. Nonresident defendants — Warning orders — Entry of decree
§ 9-12-320. Proceedings subsequent to decree — Change of venue
§ 9-12-321. Annulment of decree of divorce
§ 9-12-322. Divorcing parents to attend parenting class
§ 9-12-323. Joint credit card accounts