Also known as: dowers · dower rights · widow's portion · common law dower
Written by attorneys · grounded in primary & secondary sources — see below
A common-law right affording a surviving wife a life estate in one-third of the land in which her husband held an inheritable estate during the marriage. The interest attaches upon the husband's seisin of a qualifying estate and becomes consummate upon his death. Modern statutes in many jurisdictions have abolished or replaced dower with elective-share provisions.
Dominic Drake held Blackacre under a conveyance creating a fee simple conditional. Upon his death he was survived by his wife Deborah Dunn. Deborah asserted a life estate in one-third of the parcel. The court recognized her dower interest measured as though Dominic had held fee simple absolute, subject only to any executory interest that had not been destroyed by prior transfer.
Diana Delgado held Greenacre under a deed creating a fee tail with a remainder in a third party. After her death her surviving husband Dominic Drake claimed a life estate. The court granted him a dower interest measured as though Diana had held fee simple absolute, yet expressly subordinate to the remainder.
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Deanna Davenport and her husband acquired land during marriage. After a divorce decree the husband later acquired additional parcels. Upon his death Deanna sought dower in the post-divorce land. The court held that the divorce had ended any inchoate dower right that had not vested before the decree.
Dolores Diaz obtained a Nevada divorce that did not address her New York dower claim in realty. She later sued in New York to enforce the dower interest. The court ruled that New York law determined whether the Nevada decree extinguished her dower right in New York land.
Danielle Dixon's husband transferred real property into a revocable trust during marriage. After his death Danielle asserted dower rights against the trust assets. The court examined whether the transfer defeated her common-law dower claim under Massachusetts precedent.
Deborah Dunn obtained a Nevada divorce from her husband who owned Maine realty. She later sought dower in Maine. The court considered whether the Nevada decree received full faith and credit so as to bar her dower claim under Maine law.
Yes. The surviving spouse receives the same dower interest that would arise from a fee simple absolute, although the interest remains subordinate to any remainder, executory interest, possibility of reverter, or power of termination that limited the fee tail.
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No. At common law the wife could not be deprived of dower by any transfer the husband made during his lifetime unless she joined in the conveyance or released her interest.
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Yes. The Uniform Probate Code abolishes dower and curtesy outright, and most states have replaced the common-law estates with statutory elective-share rights that apply to both real and personal property.
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No. The spouse of an owner of an estate for life has neither dower nor curtesy in the land subject to that life estate.
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…a Nevada divorce might or might not terminate a dower interest in New York realty depending on whether or not New York treated dower rights as extinguished by divorce. If the Nevada decree, insofar as it affected the New York separate maintenance decree, were violative of due process, New York of course would not have to give…