Slot Law

Representing Substance Abuse Treatment Centers

  • Facebook
  • Linkedin
  • Phone
  • Home
  • Practice Areas
  • About Us
  • Resources
  • Contact Us
  • Blog
Dower Rights Repealed

April 23, 2018 By admin

Dower Rights Repealed

It’s been over a year since the Michigan Legislature abolished dower rights. In January 2017, Governor Rick Synder signed a bill into law that read in part, “[A] wife’s dower right is abolished and unenforceable either through statute or at common law.”1)MCL 558.30

Dower was the right of a widow to a one-third entitlement in real property which her deceased husband had an ownership interest in during his lifetime. In essence, dower rights protected widows whose husband transferred away all property as a way to disinherit his wife. What was once viewed as a significant legal protection for women has since disappeared on equal protection grounds.

Before the Michigan Legislature repealed dower rights, Michigan was one of the few states that still recognized common law dower rights. Yet, the Supreme Court’s 2015 decision in Obergefell v Hodges hastened dower’s end. The Court in Obergefell set aside state bans on same-sex marriages and ruled that states could not use gender or sex as a basis for marriage eligibility. Although Obergefell never specifically addressed dower rights, it implied the possibility that, in some marriages, both persons would have dower rights and in others neither. Sensing the questionable constitutionality of dower rights after Obergefell, Michigan’s repeal came in early 2017.

One practical effect the repeal of dower rights has had is that real estate transfers have become simpler. In the past, it may have been necessary to inquire about gender and marital status of the real estate seller and even have a spouse sign off on the sale. By removing this outdated legal concept, the legislature has saved many Michigan property owners both time and money.

References   [ + ]

1. ↑ MCL 558.30

Filed Under: State Law

Search

Newsletter

Subscribe to our mailing list

* indicates required




Your information will not be shared with third parties.

Information

  • Home
  • Practice Areas
  • About Us
  • Resources
  • Contact Us
  • Blog

Categories

  • Cases
  • Drugs
  • Insurance
  • Marketing
  • Rehab Law
  • Reports
  • State Law
  • Uncategorized

Address

77 Monroe Center St NW # 700
Grand Rapids, MI 49503


Phone

(616) 288-0181

Michigan Drug Rehab Law Blog

  • Wrongful-conduct rule not abrogated by Michigan’s comparative fault system (UPDATE)
  • Dower Rights Repealed
  • Over Prescription Leads to Over-use of Opioids
  • New Legislation to Combat Opioid Epidemic in Michigan
  • Angel Programs Popping up Across Michigan

Search Our Site

Recent Posts

  • Wrongful-conduct rule not abrogated by Michigan’s comparative fault system (UPDATE)

    Wrongful-conduct rule not abrogated by Michigan’s comparative fault system (UPDATE)

    May 7, 2018
  • Over Prescription Leads to Over-use of Opioids

    Over Prescription Leads to Over-use of Opioids

    April 9, 2018
  • New Legislation to Combat Opioid Epidemic in Michigan

    New Legislation to Combat Opioid Epidemic in Michigan

    March 26, 2018
  • Angel Programs Popping up Across Michigan

    Angel Programs Popping up Across Michigan

    March 12, 2018
  • Google Pulls AdWords Campaigns of Various Addiction Treatment Centers

    Google Pulls AdWords Campaigns of Various Addiction Treatment Centers

    January 7, 2018
  • Home
  • Practice Areas
  • About Us
  • Resources
  • Contact Us
  • Blog