Many complex laws govern the buying and selling of real estate. In some cases, those laws are obscure and don't come into play until the title agency begins to process paperwork and discovers that they apply to the particular transaction. This is the case with dower rights, a relatively antiquated law governing spousal rights to property, which still applies in Ohio.

What Are Dower Rights?

Dower is a right to a one third life estate interest in the lands of one’s spouse which may vest, if not released, in the spouse who is not the title holder.  In short, both spouses must execute deeds and mortgages in real estate transactions in order to perfect title in Ohio. Dower rights are automatically terminated upon death, divorce, or dissolution.  

The History of Dower Rights

The concept of dower rights dates back hundreds of years, initially created as a way of supporting wives if they became widows. Essentially, it guaranteed them a place to live and a potential source of income if their husbands passed away. English settlers brought the concept of dower to the colonies, and it became a part of common law in the United States for the better part of three centuries. However, most states have abolished dower rights, with some opting for alternatives such as community property. Michigan is the most recent state to do away with the law — in 2016. Only a handful of states, including Ohio, still have dower rights laws on the books, and there are efforts to abolish them.

Dower Rights and Real Estate Transfers

Proper execution of the deed or mortgage by the spouse holding dower interest will be required as part of the transfer or mortgaging process.  If a spouse who has dower rights does not execute the deed or mortgage, he or she can claim dower rights even if the property goes into foreclosure. Also, when a property is sold, the buyer enters the contract with the understanding that any dower rights will be extinguished upon transfer.

If a couple is estranged but not yet divorced and the spouse with dower rights cannot be located or refuses to sign over the rights, the sale may be delayed or halted. Without that spouse’s signature, the title agency cannot provide a clean title. Some people are reluctant to sign the waiver of dower rights, thinking that they will be responsible for their spouse’s debt, but waiving those rights does not shift payment responsibility, provided that the spouse holding only a dower interest does not execute the Promissory Note. It simply clears the title of any ownership rights to ensure a smooth property sale.

If you have questions about dower rights or anything else related to real estate closings or title searches, contact All Points Title & Closing, Inc. This title agency has served Southwest Ohio from their offices in Hamilton since 1986. Their staff of knowledgeable professionals will streamline the process of closing on your real estate transaction, making it quick and hassle-free. Learn more about the title process by visiting their website, or call (513) 863-7600 to talk to a title agent.