As Amended
SEC. 89-1-29. Spouse must join in conveying homestead, unless adjudged insane.
A conveyance, mortgage, deed of trust or other incumbrance upon a homestead exempted from execution shall not be valid or binding unless signed by the spouse of the owner if the owner be married and living with the spouse. But where the spouse of the owner of the homestead exempted from execution is insane and a writ of inquiry of lunacy of the spouse has been sued out and the lunacy of the spouse has been adjudged under the writ, then the owner of the homestead, may file a petition in the chancery court and allege therein the insanity of the spouse and the adjudication of insanity of the spouse under the writ of inquiry of lunacy and the facts of the case. The summons for the spouse, the insane person, shall be issued and be served in the same manner as process is served in other cases on insane persons, and the court shall hear the case in vacation or in termtime as in other cases, and if the court finds the spouse to be insane and the owner entitled to relief, the court by decree shall authorize and empower the owner, to execute a conveyance, mortgage, deed of trust or other incumbrance upon the homestead without the signature of the spouse. However, no mortgage or deed of trust executed in favor of the farmers home administration at the time of the purchase of real estate to secure the payment of the money used to purchase the real estate shall be invalid because it is not signed by the spouse of the owner.
SOURCES: Codes, 1880, Sec. 1258; 1892, Sec. 1983; 1906, Sec. 2159; Hemingway's 1917, Sec. 1834; 1930, Sec. 1778; 1942, Sec. 330; Laws, 1924, ch. 169; 1980, ch. 514, Sec. 1, eff from and after July 1, 1980.