What is a dower?

In Washington, dower is a legal right that a wife has to certain rights and interests in her husband’s real estate upon his death. This right is protected by the laws of Washington and is available to a surviving spouse regardless of how long the marriage lasted. When a married couple has real estate, dower would give the wife the legal right to a one-third interest in the property at the time of her husband’s death. Dower was originally intended to guarantee a widow’s financial security after her husband’s death. This right is also known as homestead dower or dower rights. A widow claiming dower rights must first file for a dower declaration in the county where the property is situated. She must provide proof that she was married to the deceased and that the real estate belonged to him. After this, she must wait while the court reviews her case and makes a decision on whether or not to grant her dower rights. If the court grants the widow her dower rights, she will gain the legal right to her one-third share of the real estate. This includes all improvements or funds that the real estate might have generated during her husband’s lifetime. She will also receive the right to collect rent, dividends, or interest from the property. The dower right, however, will not give her any control over the property and she cannot sell or transfer it. She can only receive her share of any profits when the property is sold.

Related FAQs

What is the difference between a real right and a personal right?
What is a deed of partition?
What is an exercise of option?
What is the difference between an easement appurtenant and an easement in gross?
What is the Statute of Limitations for filing a property lawsuit?
What is the difference between a lease and a license?
What is a lis pendens?
What is an exclusive right-to-sell agreement?
What happens if the mortgage is not paid?
What is an implied covenant?

What is a dower?

Related FAQs

Related Blog Posts