What Are Dower Rights? A Simple Guide
Dower rights are an old—but still important—legal concept that protects a surviving spouse from being left with nothing when their partner dies. Although many states have abolished or modernized the idea, it still affects real estate, estate planning, and marital property rights in several jurisdictions. Here’s what you need to know:
What Are Dower Rights?
Dower rights give a surviving spouse the legal right to claim a portion of their deceased spouse’s property—usually real estate—even if the deceased spouse tried to leave it to someone else.
Traditionally:
Wives had “dower rights”
Husbands had “curtesy rights”
Today, most states treat both spouses the same.
How Dower Rights Affect Property
If a married person owns a home in their name alone, their spouse may still have rights to that property.
This can mean:
You cannot sell or mortgage the home without your spouse signing off.
After death, the surviving spouse may claim up to one-third of the property—even if the will says otherwise.
In blended families, dower rights can override inheritance plans and cause conflict.
Where Dower Rights Still Apply
A few states still recognize dower rights in some form (varies by location). Even in states where dower has been abolished, elective share laws serve a similar purpose—protecting a surviving spouse from disinheritance.
💡 Why Estate Planning Matters
Dower rights can complicate:
Real estate transfers
Wills
Trusts
Blended family inheritance
Second marriages
Proper planning avoids surprises and ensures your wishes are honored.
Tools like trusts, updated deeds, and marital agreements can help clarify exactly what each spouse is entitled to.
Bottom Line
Dower rights exist to protect surviving spouses — but they can cause confusion if you’re not prepared.
A well-structured estate plan ensures property transfers smoothly and avoids disputes after death.