Ohio is one of the remaining states that allows a person to have “dower” rights in real estate owned by their spouse.
A dower right entitles a person to have a one-third (1/3) life estate interest in real estate owned by their spouse. A “life estate” is a right to have ownership or control of real estate for the remainder of that person's life in the event their spouse passes away owning real estate at their death. A one-third (1/3) life estate entitles the person or “surviving spouse” to one-third (1/3) of the ownership or profits from the real estate for the remainder of the surviving spouse's life.
A marriage automatically creates dower rights in real estate owned by a spouse. A prenuptial agreement most likely will not be effective in waiving dowers rights after marriage.
Dower rights terminate at death. Specifically, if a person passes away, that person's estate does not have right dower rights any longer. A divorce between spouses also extinguishes dower rights. A person may also release his/her dower rights voluntarily, and must be in writing to be valid.
When selling or purchasing real estate requiring financing, a release of dower from a spouse is mandatory if the other spouse owns or is purchasing real estate. Obtaining a written release of a spouse’s dower interest may delay the sale or purchase of real estate. For example, estranged spouses or spouses who are divorcing may refuse to sign a release of their dower interest thereby causing a delay or cancellation of the sale or purchase of the real estate.
Do you have any questions about dower rights in real estate? The attorneys at Bailey & Gunderson, with offices in Norwood, Western Hills and Anderson Township, can explain this issue to you. If you should have any questions, please call us at 513-631-0022.
