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Archiver > KYWASHIN > 1999-09 > 0936806409


From: "Kathy Willett" <>
Subject: Re: [KYWASHIN-L] Rights of dower
Date: Wed, 8 Sep 1999 09:00:09 -0700


>Dower rights while both spouses still lived had to do with the sale of
>property. If a couple chose to sell some land, the wife legally retained an
>interest in a percentage of the property. By waiving her rights of dower
(the
>legal term for this ownership interest), she allowed the entire property to
>be sold. Dower rights was a way to protect a woman's financial interest in
a
>time when women had few other rights of their own. In land records, you
will
>often find the terms "she waived her rights of dower" to indicate that the
>wife relinquished her portion of ownership in the property.

This is a good explanation; the wife's share was usually one third of the
property in question. When the wife relinquished her dower rights, it is
often stated in the deed that she was interviewed separately (out of earshot
of her spouse) and asked if she willingly waived her rights of dower. I
suppose to protect her if her husband was forcing her into signing. Best
safeguard they had, I suppose, but I wonder how many women back then would
have admitted they weren't willing?

Kathy Buffington Willett

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