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Dower Rights

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kanick

Junior Member
What is the name of your state? Ohio

I purchased my home in 1998 and then got re-married in 2001. I have recently re-financed and the mortgage is in my name only but my spouse has dower rights. If we divorce, can he claim any portion of my interest?

Please help.

Thanks
 


BelizeBreeze

Senior Member
Dower is a statue that gives either the husband or the wife rights to a potential one-third-life estate in his or her spouse's real estate. In the state of Ohio, once a man or woman engages in marriage, all real property is subject to dower rights. This includes property that came to be owned before marriage, whether it is purchased by, inherited by, or given to spouse while they were single.
 

kanick

Junior Member
dower rights

Ohio

Thank you, So in other words I'm entitled to give my spouse 1/3 of the interest in the property unless he signs a quick claim? What if there was a pre-nuptual agreement signed prior to the marriage?

Thanks
 

HomeGuru

Senior Member
kanick said:
What is the name of your state? Ohio

I purchased my home in 1998 and then got re-married in 2001. I have recently re-financed and the mortgage is in my name only but my spouse has dower rights. If we divorce, can he claim any portion of my interest?

Please help.

Thanks

**A: of course he can since he has dower rights. Not only that, the mortgage has nothing to do with title and vested interest.
 

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