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This means to give a right by a spouse to claim property owned by their partner.
The Uniform Probate Code (UPC) replaces the dower and curtesy rule with a system which includes the surviving spouse as an heir in the line of intestate succession and provides an elective share for the surviving spouse who does not take under the decedent's will.
A dower rights law entitles a surviving spouse to at least one-third of a deceased spouse's real property when they die.
A Dower is a common law that entitled a widow to a portion of her husband's estate in absence of a will. The provision of dower allowed the wife to provide for herself and any children born during the marriage. In most circumstances, the widow was granted up to one-third interest in her husband's assets.
Ohio is one of the few states that still recognizes dower rights. In Ohio, dower is the right of the surviving spouse to a life estate in an undivided one-third of all real property that the deceased spouse owned at any time during the marriage.
Currently, the only way to extinguish dower rights in Ohio are death, divorce and voluntary, written release of dower at each property transfer transaction.
Additionally, a spouse who does not sign the deed during a sale of their spouse's property does not grant the purchaser complete ownership. Without signing, that spouse keeps their dower interest and the property's title is no longer clear.
On June 6, the Ohio House of Representatives passed HB 407, which would abolish dower rights in Ohio. Dower rights relate to the interest that a surviving spouse holds in the estate of a deceased individual.A number of states that have abolished dower, however, retain effective spousal protections.
' Dower rights are the interest that a person has in real property owned by his or her spouse.What this means when a married individual wants to transfer real property that he or she owns in his/her own name, a release of dower rights signed by the grantor's spouse will be included in the deed.