Michigan Dower rights have been a part of Michigan law for over 170 years. Until very recently, Michigan had been the only state in the country that continued to recognize dower rights of a wife.
Effective April 7, 2017 Dower Rights will no longer effect real estate in Michigan. What is a Dower Right? Dower rights have historically allowed a widow to use her deceased husband’s real property during her lifetime. The justification for these dower rights dates back to when a woman was unable to own property.
Dower Rights in Michigan Have Been Abolished . Dower rights were the traditional rights a wife had to elect on her husband's death, to claim for her life possession and use, a one-third interest in any real estate titled in her late husband's name. As a result of such dower rights, a wife has been required to sign any deed, mortgage or other ...
Michigan Law has been brought into modern times through the abolishment of dower rights. Prior to this change in Law, Michigan was the only state which preserved dower for the benefit of women only. Briefly stated, dower was a specific distribution that a widow could elect as her share of her deceased spouse’s estate.
What the Abolition of Dower Means for Michigan Residents. As a practical matter, the abolition of dower rights in Michigan will probably not affect most individuals very much. The change in law slightly simplifies the transfer of real estate for married men who own real property in their sole names.
Read the latest article on dower rights in Michigan - Update on the abolishment of dower in Michigan. On December 28, 2016, Michigan Governor Rick Snyder signed into law Public Act 378 of 2016 (the “Act”), which abolishes all statutory or common law rights of dower in Michigan; that is, a wife’s interest in the real property of her deceased husband.
CHAPTER 558. ESTATES IN DOWER REVISED STATUTES OF 1846 CHAPTER 66 Chapter 66. Of estates in dower, by the curtesy, and general provisions concerning real estate. ESTATES IN DOWER 558.1 Right of widow to dower. Sec. 1. The widow of every deceased person, shall be entitled to dower, or the use during her natural life,
Dower rights are claimed after a husband dies. The widow is entitled to a portion of the property assets for the rest of her life. Dower rights in Michigan only apply to property that is purchased during the marriage, and they are only awarded to the wife, not the husband. Dower laws often come into play after a husband dies.
Effective April 6, 2017, dower rights in Michigan are abolished. Dower is a centuries old legal principle that a wife has an interest in a portion of all real property owned by her husband during their marriage. The common law principal of dower was codified in MCL 558.1, et. seq.
The Michigan Legislature addressed lack of clarity in dower rights caused by the United States Supreme Court’s recognition of same sex marriage by eliminating it altogether. Generally speaking ...