Also known as: dower right · dower-rights · dower
Written by attorneys · grounded in primary & secondary sources — see below
A common-law interest granting a surviving spouse a life estate in a portion of the real property that the deceased spouse held during the marriage in an estate inheritable by issue.
Delilah Duran held Blackacre in fee simple conditional. Upon her death her surviving spouse Dominic Drake petitioned to assert a life estate measured as though the estate had been fee simple absolute. The court recognized the dower interest but held it subordinate to an unextinguished executory interest that had restricted Delilah's original estate.
Diego Duarte received land in fee tail. After his death his surviving spouse Daphne Doyle sought a life estate calculated on a fee simple basis. The court granted the dower interest yet ruled that it remained subordinate to both the remainder limited on the fee tail and the possibility of reverter retained by the original grantor.
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Daniel Diaz obtained an ex parte divorce in one state while his wife Dustin Donovan remained in another. After Daniel's later death Dustin claimed dower in real property located in her home state. The court held that the divorce terminated her status as surviving spouse and thereby extinguished any dower rights that would otherwise have attached.
Dominic Drake placed substantial realty in a revocable trust during marriage. Upon his death his surviving spouse Delilah Duran asserted dower rights against the trust property. The court ruled that the trust assets were treated as owned property for purposes of calculating the surviving spouse's share.
Dustin Donovan settled donation land under federal statute while married to Daphne Doyle. After Dustin's death before perfecting title, Daphne sought recognition of a dower interest in the claim. The court held that no vested interest existed at death and therefore no dower attached.
Diego Duarte obtained a divorce decree in one state that purported to adjudicate all marital property rights. His former spouse Daphne Doyle later sought dower in realty located in another state. The court enforced the decree under full faith and credit and ruled that the divorce extinguished any subsequent dower claim.
Yes. The surviving spouse receives the same dower interest as if the deceased had held fee simple absolute, although the interest remains subordinate to any remainder, executory interest, possibility of reverter, or reversion that restricted the fee tail.
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The surviving spouse receives a dower interest measured as though the estate had been fee simple absolute, but the interest is subordinate to any executory interest that restricted the deceased spouse's estate and has not been destroyed.
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Yes. The divorce terminates the marital status on which dower depends, so the surviving spouse loses dower rights even if the decree could not directly adjudicate title to out-of-state land.
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Yes. For purposes of the surviving spouse's share the trust assets are treated as owned property of the deceased spouse at death.
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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…