Dower Rights in Real Property

By definition, a dower is the portion of a deceased husband’s real property allowed to his widow for her lifetime. Traditionally, dower rights were a way by which a husband or his family could support a wife and children in the event that she should become a widow.

Today, most states in the United States have abolished dower rights, but a handful of states still recognize a widow’s dower rights including Michigan. Under state law, dower only attaches to real property, not personal property. So, for example, if a husband owns real property, dower rights for his wife will attach at the moment of marriage. However, the same is not true for property owned by a wife as her husband does not have any legal dower interest to that property. This is why if a husband wishes to sell or transfer this property, his wife might also have to sign the transfer document.

In certain instances, as wife’s dower interests can be barred by a voluntary conveyance or by executing a prenuptial agreement.

It is important to seek the advice of legal counsel when dealing with property issues, including dower rights. The attorney will need to determine exactly who owns the property and by what legal mechanism the property is owned. In making this determination, you might be asked to present real property documents, including any deeds, and other formal written agreements for the attorney to review. It is important that you shouldn’t panic and you can trust that you are working with a team that is equipped to assist you. Please contact Sumner & Associates to get started today!

Sumner Divorce Attorney Michigan Book Cover

Download Your
Free Book Now

Filing for divorce can be a trying time, but you don’t have to do it alone! Download your free guide here and give us a call today!

    By opting in, you agree to receive text messages from our office regarding your inquiry and any follow-up information. Your consent is not required for the provision of legal services, and you may opt-out at any time by replying "STOP" to any text message we send. Message frequency may vary.
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is for validation purposes and should be left unchanged.