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Dower, Curtesy and Homestead Law

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Ginger617

Guest
What is the name of your state? Arkansas
A married man purchases a tract of land in "his" name only, after awhile he decides to sell it. He has not mortgaged it, contracted to sell or in any way created an interest in his wife's name. The closing agent would not close the deal unless his wife signed the deed advising that the wife had to release her dower and homestead rights. My question is, if the dower and homestead interest of the spouse only applies after the death of the husband, then why does she have to sign away an interest she does not have? He is not dead, only trying to sell it. I would appreciate an explanation. Also, is curtesy the same as dower only in the husband and does the husband have a homestead right like the wife does? If you cannot answer these questions I would appreciate it if you would tell me where I can get this info without having to consult an attorney. Thanks, Ginger
 


HomeGuru

Senior Member
Ginger617 said:
What is the name of your state? Arkansas
A married man purchases a tract of land in "his" name only, after awhile he decides to sell it. He has not mortgaged it, contracted to sell or in any way created an interest in his wife's name. The closing agent would not close the deal unless his wife signed the deed advising that the wife had to release her dower and homestead rights. My question is, if the dower and homestead interest of the spouse only applies after the death of the husband, then why does she have to sign away an interest she does not have? He is not dead, only trying to sell it. I would appreciate an explanation. Also, is curtesy the same as dower only in the husband and does the husband have a homestead right like the wife does? If you cannot answer these questions I would appreciate it if you would tell me where I can get this info without having to consult an attorney. Thanks, Ginger

**A: you are getting confused. Do a search using those words, talk to the closing agent again and then post back with specifc questions if you have any at that time.
 
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Ginger617

Guest
I am disappointed in your answer (or non-answer). I did question the closing agent at the time of closing and was told, just as I said, she would not close it unless the wife signed away her dower and homestead rights. As for as specific question(s), I counted about 3 in my post. Appears to me you just didn't want to mess with it. What I don't understand is why y'all say you are giving "free advice" when you don't give any. I'm sorry I bothered you and you don't have to answer this one as I don't want to be a bother. Ginger
 

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