DOWER
What is Dower?
Dower is found in the Revised Code, which provides, “a spouse who has not relinquished or been barred from it shall be endowed of an estate for life in one-third of the real property of which the consort was seized as an estate of inheritance at any time during the marriage.” So, what does that mean? Basically, it gives the spouse who is not in title a one-third interest in the property owned by the other spouse. For a real estate broker, it is important to make certain that a spouse is signing to release dower when property is being conveyed and when property is being encumbered by a mortgage or lien. This will help ensure that seller and his/her spouse are conveying all potential interest in the property, and that buyers are receiving the property without the worry of a previous owner’s surviving spouse claiming an interest in the property at some time in the future.
Why do we have Dower?
Believe it or not, dower wasn’t established just to make a seller’s spouse sign the deed and a buyer’s spouse sign the mortgage! Dower has been around since as far back as the 1300s, when the husband was viewed as the sole financial provider for the household and women could not own real estate. Typically, upon the death of the husband, the property would pass to the heirs and not to the surviving spouse. Dower allowed for a widow to receive some form of compensation from her husband’s real property. Obviously, household dynamics have changed, and other laws are in place for surviving spouses today which make it easier for one spouse to receive property and benefits if the other passes away. However, dower has remained on the books in a few states. At this time, Ohio is only one of three states to still recognize dower rights.
Future of Dower
In the words of Dr. Seuss, “It’s not about what it is, it’s about what it can become.” After hundreds of years of recognizing dower rights (and hundreds of calls reminding the spouse that they must sign the deed!) it looks as though dower may become eliminated in Ohio. In November, House Bill 407 was introduced to abolish dower rights. If passed, it would removethe need of non-title spouses to be involved in closings and would likely result in fewer title defects. The Bill has received unanimous approval by the House Civil Justice committee and proceeds to the floor for a full House vote. As of now, there is no date set for when the Bill will go to the floor. However, if it follows past trends, we may see it later in the year.
For those in the real estate industry, the passage of the HB 407 should eventually result in less title issues and smoother transactions. At Northwest Title, we are keeping an eye on HB 407 and how it may change our industry. We are always happy to help answer questions about dower, as well as any other issue that may arise during a transaction.
Dower is found in the Revised Code, which provides, “a spouse who has not relinquished or been barred from it shall be endowed of an estate for life in one-third of the real property of which the consort was seized as an estate of inheritance at any time during the marriage.” So, what does that mean? Basically, it gives the spouse who is not in title a one-third interest in the property owned by the other spouse. For a real estate broker, it is important to make certain that a spouse is signing to release dower when property is being conveyed and when property is being encumbered by a mortgage or lien. This will help ensure that seller and his/her spouse are conveying all potential interest in the property, and that buyers are receiving the property without the worry of a previous owner’s surviving spouse claiming an interest in the property at some time in the future.
Why do we have Dower?
Believe it or not, dower wasn’t established just to make a seller’s spouse sign the deed and a buyer’s spouse sign the mortgage! Dower has been around since as far back as the 1300s, when the husband was viewed as the sole financial provider for the household and women could not own real estate. Typically, upon the death of the husband, the property would pass to the heirs and not to the surviving spouse. Dower allowed for a widow to receive some form of compensation from her husband’s real property. Obviously, household dynamics have changed, and other laws are in place for surviving spouses today which make it easier for one spouse to receive property and benefits if the other passes away. However, dower has remained on the books in a few states. At this time, Ohio is only one of three states to still recognize dower rights.
Future of Dower
In the words of Dr. Seuss, “It’s not about what it is, it’s about what it can become.” After hundreds of years of recognizing dower rights (and hundreds of calls reminding the spouse that they must sign the deed!) it looks as though dower may become eliminated in Ohio. In November, House Bill 407 was introduced to abolish dower rights. If passed, it would removethe need of non-title spouses to be involved in closings and would likely result in fewer title defects. The Bill has received unanimous approval by the House Civil Justice committee and proceeds to the floor for a full House vote. As of now, there is no date set for when the Bill will go to the floor. However, if it follows past trends, we may see it later in the year.
For those in the real estate industry, the passage of the HB 407 should eventually result in less title issues and smoother transactions. At Northwest Title, we are keeping an eye on HB 407 and how it may change our industry. We are always happy to help answer questions about dower, as well as any other issue that may arise during a transaction.
DOWER
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