Also known as: dower · curtesy · dower and curtesy · dower rights · curtesy rights · spousal life estate · marital property rights at common law
Written by attorneys · grounded in primary & secondary sources — see below
A common-law life estate that entitles a surviving spouse to a fractional share of the deceased spouse's real property. The interest is measured as if the decedent had held fee simple absolute. It remains subordinate to any remainder, executory interest, possibility of reverter, or power of termination that limited the decedent's estate.
Dominic Drake received land under a deed creating a fee simple conditional. He married Delilah Duran and farmed the property throughout the marriage. After Dominic died without satisfying the condition, Delilah asserted a life estate in the land. The court recognized her interest but held it subordinate to the possibility of reverter retained by the original grantor.
Dustin Donovan held a family farm under a conveyance to him and the heirs of his body, with a reversion to the grantor's estate if the line ended. He married Dolores Diaz and worked the land for decades. When Dustin died without issue, Dolores sought a life estate. The court granted her the interest but ruled that it burdened the reversion rather than defeating it.
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Demetrius Douglas held a general power of appointment over assets placed in trust during his marriage to Deborah Dunn. Upon his death the trustee distributed the assets without recognizing any spousal claim. Deborah petitioned for a life estate measured by dower principles. The court treated the appointive assets as owned property for purposes of her claim.
Yes. The surviving spouse receives a life estate measured as if the decedent had held fee simple absolute. The interest attaches because a fee tail is an inheritable estate of which the decedent was seised during marriage.
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Yes. The life estate is expressly made subject to any remainder, executory interest, possibility of reverter, or power of termination that restricted the decedent's estate. The future interest takes priority once it becomes possessory.
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No. The Code abolishes the estates of dower and curtesy. Modern jurisdictions replace them with elective-share statutes 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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…position. Compare Gilson v. Hutchinson , 120 Mass. 27, 28 (1876) (conveyance to a trustee to defraud spouse of her right to dower, invalid), and Brownell v. Briggs , 173 Mass. 529, 533 (1899) (conveyance to trustee to deprive wife of rights in the husband’s property at his death, invalid), with Leonard v. Leonard ,…