Also known as: curtesy · curtesy right · courtesy · marital property right
Written by attorneys · grounded in primary & secondary sources — see below
A common-law marital property interest by which a surviving husband acquires a life estate in real property that his deceased wife held in fee simple absolute or equivalent estates. The interest arises upon the wife's death and is measured by the same standards that would apply to a fee simple absolute holding. It remains subordinate to any executory interests, remainders, possibilities of reverter, or powers of termination that limited the wife's estate and were not destroyed during her lifetime.
Roger Ramirez's wife dies owning land in fee simple conditional. Roger claims a life estate in the parcel under his right of curtesy. The court recognizes the claim because the wife's estate supports the same curtesy interest that would attach to a fee simple absolute. The interest is subordinate to an executory interest that restricted the wife's original holding.
Robert Rivera's wife dies holding land in fee tail. Robert asserts a life estate through his right of curtesy. The court grants the claim on the same terms that would apply to a fee simple absolute. The interest yields to any remainder limited on the fee tail and to any executory interest that restricted the wife's estate.
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Roger Reed's wife dies holding land in a fee tail preserved for a single lifetime only. Roger claims a life estate under his right of curtesy. The court recognizes the claim measured by fee simple absolute standards. The interest remains subordinate to any remainder or executory interest that limited the wife's estate.
No. The surviving spouse of a person who holds only a life estate receives neither dower nor curtesy in that land.
Yes. The surviving spouse's curtesy interest is subordinate to any remainder limited on the estate and to any executory interest, possibility of reverter, or power of termination that restricted the deceased spouse's estate.
No. The existence of a power of appointment does not entitle the surviving spouse of the donee to dower or curtesy in the property covered by the power.
Yes. The estates of dower and curtesy are abolished under the Uniform Probate Code.