Dower rights are a legal concept with deep historical roots, but in Ohio, they continue to play an active role in real estate transactions. Whether you’re buying, selling, or refinancing property in Ohio, understanding dower rights is essential—especially for married couples.
What Are Dower Rights?
Dower rights refer to a surviving spouse’s legal interest in the real property owned by the other spouse. In Ohio, this means that even if only one spouse is listed as the property owner, the other spouse has a vested interest in that property under certain circumstances.
Under Ohio Revised Code Section 2103.02, dower rights entitle a spouse to a one-third life estate in any real property owned by the other spouse during the marriage. This means the surviving spouse could legally occupy or receive income from one-third of the property for the rest of their life.
When Do Dower Rights Apply?
Dower rights apply in the following scenarios:
- When a married individual sells or mortgages real estate titled solely in their name.
- When property is transferred or encumbered during the marriage.
To protect the spouse’s dower rights, both spouses must sign documents such as:
- Deeds conveying real estate
- Mortgage agreements
- Certain affidavits or title-related documents
Failing to obtain the non-owning spouse’s signature can invalidate the transaction or prevent it from being recorded properly.
When Must Dower Rights Be Signed Off?
Dower rights must typically be waived or signed off in these situations:
- Selling a property: If the property is in one spouse’s name only, the non-owner spouse must sign the deed to release their dower rights.
- Refinancing a mortgage: Even if only one spouse is refinancing, the other may need to sign to relinquish their dower rights.
- Taking out a new mortgage: When borrowing against real estate, lenders usually require both spouses to sign.
This ensures that the lender’s interest in the property isn’t later affected by the spouse’s dower claim.
How to Terminate Dower Rights in Ohio
There are a few ways to legally terminate dower rights:
- Both Spouses Jointly Own Property
If the property is titled in both spouses’ names, the concept of dower rights becomes irrelevant because both already have full ownership rights. In practice, this avoids the complications of dower rights.
- Divorce or Annulment
A finalized divorce or annulment terminates all dower rights. Once the marriage is legally dissolved, neither party retains dower rights in the other’s property.
- Death of the Titled Spouse
Upon death, the surviving spouse can choose between taking the provisions of the decedent’s will or claiming their dower rights (if not already waived). However, this is typically handled during the probate process.
Important Notes for Real Estate Professionals and Couples
- Title companies and lenders will almost always require a married seller’s spouse to sign documents even if they’re not on the deed, to clear any dower claims.
- Failing to clear dower rights can delay or derail closings.
- Couples should consider joint ownership or estate planning strategies to reduce reliance on dower protections.
Final Thoughts
Dower rights may seem antiquated, but they remain a critical part of Ohio real estate law. For married individuals involved in property transactions, it’s essential to address dower rights proactively. Whether you’re planning to sell a property, refinance, or execute an estate plan, consulting with a qualified real estate attorney can help you navigate the process and ensure that dower rights are properly waived or terminated.
Have questions? Reach out at 937-291-4201 or send us an email at pro@etescrow.com.