IC 32-22
    ARTICLE 22. CONVEYANCE LIMITATIONS OFREAL PROPERTY

IC 32-22-1
    Chapter 1. Limitations on Persons Who May Convey RealProperty

IC 32-22-1-1
Mentally incompetent persons and minors
    Sec. 1. Except as provided in section 3 of this chapter, a:
        (1) mentally incompetent person; or
        (2) person less than eighteen (18) years of age;
may not alienate land or any interest in land.
As added by P.L.2-2002, SEC.7.

IC 32-22-1-2
False representation; good faith purchaser
    Sec. 2. (a) This section does not apply to any sale or contractmade and entered into before September 19, 1881.
    (b) In all sales of real estate by a person less than eighteen (18)years of age, the person may not disaffirm the sale without firstrestoring to the purchaser the consideration received in the sale, ifthe person falsely represented himself or herself to the purchaser tobe at least eighteen (18) years of age and the purchaser acted in goodfaith, relied upon the person's representations in the sale, and hadgood cause to believe the person to be at least eighteen (18) years ofage.
As added by P.L.2-2002, SEC.7.

IC 32-22-1-3
Application of law
    Sec. 3. Any person who is:
        (1) less than eighteen (18) years of age; and
        (2) married to a person who is at least eighteen (18) years ofage;
may convey, mortgage, or agree to convey any interest in real estateor may make any contract concerning the interest, with the consentof the circuit, superior, or probate court of the county where theperson resides, upon payment of the fee required under IC 33-37-4-4.
As added by P.L.2-2002, SEC.7. Amended by P.L.98-2004, SEC.117.

IC 32-22-1-4
Rights of infant; consent of judge
    Sec. 4. A judge may give consent under section 3 of this chapterto a conveyance or mortgage and to any note secured by themortgage, agreement, or contract if the judge determines that itwould benefit the person described in section 3 of this chapter andthat it would be prejudicial to the spouse of the person if theexecution of the instrument were prevented. The judge shall endorse

the judge's consent on the instrument and sign it, and the instrumentso certified is valid for all purposes as if the married person were atleast eighteen (18) years of age. However, the judge has the power,in the judge's discretion, to examine witnesses concerning thepropriety or necessity of executing the instrument.
As added by P.L.2-2002, SEC.7.

IC 32-22-1-5
Certification by judge
    Sec. 5. (a) If a person owning real estate desires to sell the realestate or a part of the real estate and the person's spouse is, at thetime, mentally incompetent, the person, upon complying with thissection, may sell and convey the real estate by deed without thejoinder of the mentally incompetent spouse. The conveyance has thesame effect as would the joint deed of both spouses.
    (b) Before a deed is made under this section, the owner intendingto sell the real estate shall, by petition, apply to the court havingprobate jurisdiction in the county where the real estate or a part ofthe real estate to be sold is situated, alleging that the owner's spouseis mentally incompetent and that the incompetency is probablypermanent. Upon the filing of the petition, notice shall be given tothe person alleged to be mentally incompetent, either by service ofprocess, as provided by law for service of process againstincompetent persons in other civil actions, or, if the person allegedto be incompetent is by affidavit shown to be a nonresident ofIndiana, by publication.
    (c) After notice and upon or after the return day of the notice, thelegally appointed guardian, if any, of the person alleged to bementally incompetent or, if there is no guardian, a guardian ad litemfor the person appointed by the court, shall make any proper defenseto the application. The matter of the petition shall be submitted to thecourt, and if the allegations are proved to the satisfaction of thecourt, the court shall make and enter a finding that the person allegedto be incompetent is incompetent, and that the incompetency isprobably permanent.
    (d) Upon the filing by the petitioner with the clerk of the court ofa bond, in an amount and with surety approved by the court, that ispayable to the state and conditioned to:
        (1) keep the mentally incompetent spouse from becoming acounty charge; and
        (2) account to the spouse, upon restoration to competency, if thespouse demands it, fifty percent (50%) of the purchase moneyreceived for the real estate upon sale;
the court shall enter an order authorizing the whole title to beconveyed by the petitioner without the joinder of the mentallyincompetent spouse.
    (e) A deed made under an order of court under this section has thesame effect as the deed of an unmarried person competent to conveyreal estate.
    (f) If it is shown to the satisfaction of the court having probate

jurisdiction in the county in which lands authorized to be sold underthis section are located that:
        (1) the lands were sold under an order authorizing the sale;
        (2) the entire proceeds of the sale were invested in other realestate located in Indiana;
        (3) the land purchased with the proceeds of the sale was of noless value than the land sold under the order;
        (4) the title to the land purchased with the proceeds of the salewas taken in the name of the person having a mentallyincompetent spouse; and
        (5) the mentally incompetent spouse will not suffer any loss asa result of the investment described in subdivision (2);
the court shall enter an order discharging the bond described insubsection (d) and releasing the sureties from all liabilities on thebond.
As added by P.L.2-2002, SEC.7.