DID YOU KNOW that Dower Rights apply when a couple is legally married, but only one spouse is on the title for the marital homestead? What does that mean? Long story short, HIRE A REALTOR. While we are not experts, we leave that up to Real Estate Lawyers, we have been educated and come with many years of experience to recognize Dower Rights and when they apply. Under the Dower Act, neither spouse may sell or mortgage the homestead without the other’s written consent.
Dower Rights do NOT apply when a couple is not legally married, or if both spouses are on the title for the property. Dower Rights DO apply when only one spouse is on title. What does that mean? The spouse not on title has legal rights to the marital home. This is very important for situations when a couple is separated, but not legally divorced.
If you are considering selling and only one spouse is on title, be sure to contact your Realtor and ensure all your bases are covered.