Public-domain · open source
OpenJurist

Ark. Code Ann. § 28-39-201

Rights of surviving spouse and children

Applied in 2 court decisions — leading case McCoy v. Walker (1994)

Most recently applied in Kristin Welch, as Administratrix of the Estate of Aaron Welch v. Katelyn Gipson, as Natural Guardian of Minor 1 and Minor 2 (December 2023)

Acts 1981, No. 663, § 5; A.S.A. 1947, § 30-225.

(1) If the owner of a homestead dies leaving a surviving spouse, but no children, and the surviving spouse has no separate homestead in his or her own right, the homestead shall be exempt, and the rents and profits thereof shall vest in the surviving spouse during his or her natural life.

(2) However, if the owner leaves one (1) or more children, the child or children shall share with the surviving spouse and be entitled to one-half (½) the rents and profits till each of them arrives at twenty-one (21) years of age, each child's right to cease at twenty-one (21) years of age, and the shares to go to the younger children and then all to go to the surviving spouse. The surviving spouse or children may reside on the homestead or not.

(3) In case of the death of the surviving spouse, all of the homestead shall be vested in the minor children of the original homestead owner.

(4) Any rights and benefits given by this section shall not vest until the parties have been continuously married to each other for a period in excess of one (1) year.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.