Akron, OH asked in Family Law and Real Estate Law for Ohio

Q: Is dower rights still a thing in ohio on 2023? Any way for spouse to waive all rights to everything their name is not on

From the start of the marriage so that neight have to deal with it?

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1 Lawyer Answer
Nicholas P. Weiss
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  • Cleveland Heights, OH
  • Licensed in Ohio

A: Dower is still a thing, unfortunately. A prenuptial agreement waiving claims to certain property will, as a matter of law, eliminate dower. However, as a matter of practice, most banks will not fund a transaction if the spouse does not waive their dower interest as part of the sale on the deed itself.

You could potentially have the spouse execute a limited power of attorney to someone who can waive dower on their behalf, but even then the bank may still require them to sign the deed.

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