Release of Dower or Curtesy Interest

"The Kentucky Statutes do not permit a "Release of Dower or Curtesy Interest" by married persons as a stand alone document in general. To release a dower or curtesy interest the document must be in the form of a deed or will (KRS 386.095).

There is one exception to this statute - if a married person is mentally disabled, upon the petition of the other spouse, Circuit Court can declare the spouse mentally disabled and permit the waiver of dower or curtesy by permitting that person's Conservator or Guardian to sign on behalf of the disabled spouse or appoint a Commissioner to do the same. (KRS 392.140)

This would not be a stand alone document and would require the Circuit Court order together with the waiver of dower or curtesy in order to be filed."