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Ohio Dower Rights

Discuss anything to do with property law - buying, selling property

Ohio Dower Rights

Postby Nahcomence » Wed Dec 03, 2014 1:04 am

I owned my home six years before marrying.  After a year or so of marriage I refinanced to do some home improvements.  My husbands credit rating was bad so they asked him to sign away his dower rights.  Does this mean he has no claim to the home?  We have been married almost six years.
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Ohio Dower Rights

Postby Rushkin » Wed Dec 03, 2014 2:16 pm

I ive in Idaho and we have things a little different.  In Ohio, once your husband has restored his credit you can reverse your current situation.  This question is better suited for an real estate attorney.  Here are some dower Q and A that might help.  thanks

What's your question? Q 1:  What is dower?

Q 2:  How does dower affect the signing of deeds, mortgages and leases longer than three years?

Q 3:  What if the property is only in one spouse's name? Q 4:  What if one spouse prior to marriage owned the property? Q 5:  Can a spouse transfer all of their dower rights to their other spouse to avoid having to sign deeds, mortgages and leases in the future? Q 6:  How can dower be terminated? Q 7:  In light of all of the above, what is the general rule for signing of documents by spouses? Here's your answer: A 1:  Dower is, technically speaking, the right of a spouse to receive a life estate in one-third of the real estate owned by his or her spouse during their lifetime.  This is a right, which came from the common law of England and was intended to protect a spouse from being left without ownership of any assets the death of their other spouse.  

A 2:   Dower means that both spouses must sign deeds, mortgages and leases of longer than three years.  

A 3:   Both spouses must sign; the spouse whose name is on the property signs to convey it and the spouse whose name is not on the property signs to release dower.   

A 4:  Both spouses must still sign, since dower rights belong to the other spouse immediately upon marriage.   

A 5:  No.  Releases of dower can only occur in conjunction with the signing of a deed, mortgage, or lease.  

A 6:  Dower can only be terminated in one of three ways        1. Signing of the document by the spouse-releasing dower.      2. Divorce of dissolution of marriage.      3. Death of a spouse.  

A 7:   If one or both spouses own property and wish to sell, mortgage or lease the property, both spouses will need to sign the deed, mortgage or lease.  
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