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60-2303. Contract for conveyance of homestead. No action for the specific performance of a contract for the sale or exchange of real estate in the state of Kansas or for damages by reason of the violation of any contract to sell or exchange lands within the state of Kansas, occupied as a homestead by the owner and his or her family, shall be maintained unless the contract of sale is signed by both the husband and wife, or by an agent or broker duly authorized in writing by both the husband and wife to make such sale or exchange.

History: L. 1963, ch. 303, 60-2303; January 1, 1964.

Source or prior law:

L. 1905, ch. 154, § 1; R.S. 1923, 60-3503.

Cross References to Related Sections:

Constitutional homestead exemption, see Kansas Constitution, article 15, § 9.

Law Review and Bar Journal References:

"Some issues concerning the property of married persons in Kansas," John C. Peck, 68 J.K.B.A. No. 8, 18 (1999).

CASE ANNOTATIONS

Prior law cases, see G.S. 1949, 60-3503.

1. The statute does not apply to mortgages. In re Cox, 408 B.R. 407 (2009).


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