Restoration of record of married person's schedule of property

  1. Law
  2. Arkansas Code
  3. Practice, Procedure, And Courts
  4. Particular Proceedings And Remedies
  5. Preservation and Restoration of Records
  6. Restoration of record of married person's schedule of property

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  1. (a)

    1. (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. (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.

  2. (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.

  3. (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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