Ohio: Dower or Spousal

[moburkes]

What is the name of your state? OHIO

Is Ohio a dower or spousal rights state? When I do a search, I seem to come up with info that states that its a dower state. However, someone told me that it isn't. I'm confused. Help! Thanks!

 

[Ohiogal]

Does this help?

In what regard are you using the terms spousal rights and dower? Here is what the statute states:

§ 3103.04. Interest in the property of the other.

Neither husband nor wife has any interest in the property of the other, except as mentioned in section 3103.03 of the Revised Code, the right to dower, and the right to remain in the mansion house after the death of either. Neither can be excluded from the other's dwelling, except upon a decree or order of injunction made by a court of competent jurisdiction.

3103.03. Support obligations of married persons and of parents of minor child.






(A) Each married person must support the person's self and spouse out of the person's property or by the person's labor. If a married person is unable to do so, the spouse of the married person must assist in the support so far as the spouse is able. The biological or adoptive parent of a minor child must support the parent's minor children out of the parent's property or by the parent's labor.


(B) Notwithstanding section 3109.01 of the Revised Code and to the extent provided in section 3319.86 of the Revised Code, the parental duty of support to children shall continue beyond the age of majority as long as the child continuously attends on a full-time basis any recognized and accredited high school. That duty of support shall continue during seasonal vacation periods.

(C) If a married person neglects to support the person's spouse in accordance with this section, any other person, in good faith, may supply the spouse with necessaries for the support of the spouse and recover the reasonable value of the necessaries supplied from the married person who neglected to support the spouse unless the spouse abandons that person without cause.

(D) If a parent neglects to support the parent's minor child in accordance with this section and if the minor child in question is unemancipated, any other person, in good faith, may supply the minor child with necessaries for the support of the minor child and recover the reasonable value of the necessaries supplied from the parent who neglected to support the minor child.

(E) If a decedent during the decedent's lifetime has purchased an irrevocable preneed funeral contract pursuant to section 1109.75Å of the Revised Code, then the duty of support owed to a spouse pursuant to this section does not include an obligation to pay for the funeral expenses of the deceased spouse. This division does not preclude a surviving spouse from assuming by contract the obligation to pay for the funeral expenses of the deceased spouse.



HISTORY: RS § 3110; 84 v 132; GC § 8002-3; 124 v 178; Bureau of Code Revision, 10-1-53; 135 v S 1 (Eff 1-1-74); 143 v H 346 (Eff 5-31-90); 143 v S 3 (Eff 4-11-91); 144 v S 10 (Eff 7-15-92); 146 v H 538, § 10 (Eff 1-1-97); 147 v H 352 (Eff 1-1-98); 148 v S 180. Eff 3-22-2001.

 

[moburkes]

Thanks, OG. This is in regards to signing the mortgage when only one spouse is the borrower. This is what I've found on different Ohio Title Company websites:
A 1: Dower is, technically speaking, the right of a spouse to receive a life estate in one-third of the real estate owned by his or her spouse during their lifetime. This is a right, which came from the common law of England and was intended to protect a spouse from being left without ownership of any assets the death of their other spouse.

A 2: Dower means that both spouses must sign deeds, mortgages and leases of longer than three years.

A 3: Both spouses must sign; the spouse whose name is on the property signs to convey it and the spouse whose name is not on the property signs to release dower.

A 4: Both spouses must still sign, since dower rights belong to the other spouse immediately upon marriage.

**"Dower Right" refers to an interest in real estate established by state law that is intended to protect a non-title holding spouse. Ohio is one of the few remaining states that still provide for such rights

**Yes dear, if that person is married or becomes married after taking title as a single person, that person’s spouse has a dower right. Dower is a recognized statutory right that arises solely out of marriage.

All the information that I see points to OH as a dower state. I don't find anything that states that it is a spousal state.

Thanks for your help.