The Ohio General Assembly has begun hearings on a bill that would abolish the estate of dower in Ohio, HB 407. You can check the status of the bill and read the current version here. This is a welcome development that I support fully. Since I began working in real estate title in 2001, I have encountered perhaps hundreds of instances in which dower caused a burden on a couple trying to buy or sell a property, created latent title issues requiring cure, made service in foreclosure cases difficult where marital status is unknown, and caused other, similar headaches for owners of real estate in Ohio. Ohio is one of the few states that still recognize dower, and its abolishment is long overdue.
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4/16/2018 06:29:10 pm
The change is a huge one, and it is important to understand the implications. I don't stress too much almost as it were having one spouse in title. Actually, I don't see the issue with dower in Ohio. It applies equally to men and women. The Legislative Investigation did not speak to issues about marital status on deeds and recording requirements related to the dower interest. It would be great if everything was timed so perfectly, but the method isn't that neat at slightest not organically.
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AuthorBen Bauer is a Cincinnati-based attorney who writes about things in law and life that he finds interesting. Archives
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