Also known as: dower · curtesy · dower rights · curtesy rights · marital property rights
Written by attorneys · grounded in primary & secondary sources — see below
A common-law interest granting a surviving spouse a life estate in a fractional share of the deceased spouse's inheritable real property. The interest arises upon the death of the spouse who held the qualifying estate and is measured as if that spouse had held a fee simple absolute, though it remains subordinate to any remainders, executory interests, possibilities of reverter, or powers of termination that limited the deceased spouse's estate.
Diane Dawson conveyed land to her husband Damian Decker in fee simple conditional. Upon Damian's death, his widow Diane asserted a life estate in one-third of the parcel. The court recognized her dower interest measured as if Damian had held fee simple absolute, but confirmed that any executory interest or possibility of reverter attached to the original estate remained superior.
Deborah Dunn inherited a farm conveyed to her late husband Demetrius Douglas and the heirs of his body, followed by a remainder in a distant cousin. After Demetrius died, Deborah claimed a surviving-spouse life estate. The court awarded her a dower-like life interest measured by fee-simple standards, yet expressly subordinated that interest to the cousin's remainder.
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Diego Duarte obtained a legislative divorce from his wife in one state while holding title to out-of-state land. After his death, his second wife Darrell Duncan sought dower in that land. The court examined whether the first marriage's dissolution affected the second wife's curtesy claim under the situs rules governing spousal real-property interests.
Dominion Capital held real property in a revocable trust created by its settlor. Upon the settlor's death, the surviving spouse asserted a dower claim against the trust assets. The court determined whether the trust arrangement defeated the surviving spouse's life estate under traditional dower principles.
Dillon Energy's founder obtained a divorce in one state and later died owning land in another. His surviving spouse claimed curtesy against the land. The court assessed whether the foreign divorce decree extinguished the dower right under full-faith-and-credit principles.
Duarte Shipping's principal died after obtaining a divorce in Nevada while his first wife held a New York separate-maintenance decree. The second wife asserted dower in situs land. The court evaluated whether the Nevada decree terminated the first wife's curtesy claim.
Yes. The surviving spouse receives a life estate measured as if the deceased had held fee simple absolute, though the interest remains subordinate to any remainder or executory interest that limited the fee tail.
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No. The interest is subordinate to the possibility of reverter but is not extinguished. The spouse may possess the land during life so long as the condition triggering the reverter has not occurred.
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Yes. Many jurisdictions have replaced traditional dower and curtesy with elective-share statutes or community-property regimes that provide different protections for surviving spouses.
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…a Nevada divorce might or might not terminate a dower interest in New York realty depending on whether or not New York treated dower rights as extinguished by divorce. If the Nevada decree, insofar as it affected the New York separate maintenance decree, were violative of due process, New York of course would not have to give…