(1) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits fraudulent conveyance of marital real estate if the actor:
(a) is married;
(b) falsely represents the actor as unmarried; and
(c) knowingly conveys or mortgages real estate situated in this state, without the assent or concurrence of the actor's spouse when such consent or concurrence is necessary to relinquish the spouse's inchoate statutory interest.
(3) A violation of Subsection (2) is a third degree felony.
(4) This section may not be construed to impose criminal or civil liability on any law enforcement officer acting within the scope of a criminal investigation.
(5) The forfeiture of property under this section, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be conducted in accordance with Title 77, Chapter 11a, Seizure of Property and Contraband, through Chapter 11c, Retention of Evidence.