Section 28-11-402 - Jointure or payment - Election of spouse

If, before the marriage, but without a spouse's assent, or if, after the marriage, land shall be given or assured for the jointure of a spouse or a pecuniary provision shall be made for the spouse in lieu of dower or curtesy, the spouse shall make an election whether the spouse will take the jointure or pecuniary provision, or whether the spouse will be endowed of the lands of the other spouse. However, the spouse shall not be entitled to both.Rev. Stat., ch. 52, § 12; C. & M. Dig., § 3525; Pope's Dig., § 4409; Acts 1981, No. 714, § 34; A.S.A. 1947, § 61-217.