Q: Are Ohio dower-rights enough to protect me if I am not on the title of our new home?
I am concerned that our state's dower-rights are not enough to protect me in the event of divorce or death of a spouse if my name is not on title of our new home. Should we seek consultation from a real estate attorney to get something in writing to ensure I have equal ownership of the home in any and all possible circumstances?
A: Yes, you should use the Find a Lawyer tab to retain a local estate planning attorney who can review your entire situation and advise you accordingly.
A: You can simply have the property deeded to both of you as joint owners and then the survivor owns the property outright. Dower is an antiquated concept (that Ohio still uses) that gives a surviving spouse a 1/3 life estate in the property owned by the deceased spouse. Not total ownership by any means, but enough to prevent a 3rd party from wanting to buy it for sure. You should talk to an attorney about this because I don't think you would be concerned if there weren't other issues that need discussed.
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