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16-119-108. Restoration of record of married person's schedule of property.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-119-108. Restoration of record of married person's schedule of property.
(a)(1) In all cases in which any married woman availed herself of the provisions of §§ 9-11-501 and 9-11-509 — 9-11-514 and has filed in the office of the county recorder a schedule of the property to which she is entitled under the provisions of §§ 9-11-501 and 9-11-509 — 9-11-514, and the schedule has been lost, destroyed, or burned, the married woman may file in the office of the clerk of the circuit court of the county, her petition addressed to the circuit court, setting forth a full description of the nature of the property and the manner in which she derived title to the property, and setting forth that a schedule of the property, under the provisions of §§ 9-11-501 and 9-11-509 — 9-11-514, has been filed in the office of the county recorder.
(2) The petition shall state, as nearly as possible, the time when the schedule was filed and pray that the schedule may be reinstated and admitted of record in the county recorder's office of the county. The petition shall be verified by the affidavit of the petitioner or some other disinterested reputable person for her.
(b) The circuit court, being sufficiently advised of the truth of the matters set forth in the petition, shall grant the prayer of the petition and shall direct a copy of the petition and decree of the circuit court, granting the prayer thereof, to be certified by the clerk of the circuit court under seal. The petition and decree shall be recorded in the county recorder's office of the county and shall relate back to and have full force and effect from the date of the filing of the original schedule of the property for record.
(c) No such decree shall be rendered by the circuit court unless the applicant has previously give
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-119-108
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:16-119-108
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: f2ca4be508cf9ad024c50e803d4a555a9dd69556be4ac4c9e525af89cbbe4904
Source location: content.xml paragraph 48767
Stored source content
16-119-108. Restoration of record of married person's schedule of property.
(a)(1) In all cases in which any married woman availed herself of the provisions of §§ 9-11-501 and 9-11-509 — 9-11-514 and has filed in the office of the county recorder a schedule of the property to which she is entitled under the provisions of §§ 9-11-501 and 9-11-509 — 9-11-514, and the schedule has been lost, destroyed, or burned, the married woman may file in the office of the clerk of the circuit court of the county, her petition addressed to the circuit court, setting forth a full description of the nature of the property and the manner in which she derived title to the property, and setting forth that a schedule of the property, under the provisions of §§ 9-11-501 and 9-11-509 — 9-11-514, has been filed in the office of the county recorder.
(2) The petition shall state, as nearly as possible, the time when the schedule was filed and pray that the schedule may be reinstated and admitted of record in the county recorder's office of the county. The petition shall be verified by the affidavit of the petitioner or some other disinterested reputable person for her.
(b) The circuit court, being sufficiently advised of the truth of the matters set forth in the petition, shall grant the prayer of the petition and shall direct a copy of the petition and decree of the circuit court, granting the prayer thereof, to be certified by the clerk of the circuit court under seal. The petition and decree shall be recorded in the county recorder's office of the county and shall relate back to and have full force and effect from the date of the filing of the original schedule of the property for record.
(c) No such decree shall be rendered by the circuit court unless the applicant has previously given public notice of the intended application, addressed to all whom it might concern, by publication for two (2) consecutive weeks in some newspaper published in the county or, if none is published therein, then in some newspaper printed in Little Rock, Arkansas, for at least six (6) consecutive weeks before the commencement of the term of circuit court at which the application is to be made.
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Arkansas Code — all titles (historical 2020) · legal_authorities
9-11-501. Construction of this section and §§ 9-11-509 — 9-11-514.
The rule that statutes in derogation of the common law shall be strictly construed shall have no application to this section and §§ 9-11-509 — 9-11-514.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-11-501
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 9-11-501. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-11-509. Schedule of separate personal property — Filing — Effect.
(a) A married person owning any separate personal property may make a schedule of the property and file it in the recorder's office of the county where he or she then lives.
(b) The schedule so filed, or a duly certified copy thereof, under the hand and seal of the recorder, shall be prima facie evidence, in all courts and places, that the property mentioned in the schedule, together with the issues and increases of the property, is, and was at the date of the making of the schedule, the separate property of the married person.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-11-509
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 9-11-509. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-11-514. Settlements in equity.
This section and §§ 9-11-501 and 9-11-509 — 9-11-513 shall not be construed to abridge the existing jurisdiction and powers of a court of equity to make a settlement upon a spouse out of his or her separate estate and property and otherwise protect his or her separate property rights. Such jurisdiction is extended to securing to each spouse his or her separate property as required by law.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-11-514
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 9-11-514. This identifies an authority to review, not proof of applicability.