Michigan Eliminates Dower

Since 1846, Michigan has recognized a statutory right of dower in favor or women. Dower rights allowed for a widow of a deceased man to use 1/3 of the lands of her husband that were acquired during the marriage for the remainder of her life.  The concept of dower is dated and has been eliminated in many states.  At the end of 2015, the Michigan legislature passed a serious of bills that abolished dower in Michigan.  Specifically, Senate Bill 558 provides as follows:

Sec. 30. (1) Notwithstanding sections 1 to 29, and except as otherwise provided in subsection (2), a wife’s dower right is abolished and unenforceable either through statute or at common law.

(2) This section does not apply to either of the following:

(a) A widow’s dower elected by a woman whose husband died before the effective date of the amendatory act that added this section.

(b) If a widow’s husband died before the effective date of the amendatory act that added this section, the widow’s right to elect dower under section 2202 of the estates and protected individuals code, 1998 PA 386, MCL 700.2202.

Senate Bill 560 was also passed to deal with the elimination of dower in the context of probate and House Bill 5520 was passed to deal with the elimination of dower in the context of divorce proceedings.  The amendments allow for a widow to preserve dower rights already elected before the effective dates of the statutes  if their husband had already died.

The legislation was intended to eliminate uncertainty that arose from the United States Supreme Court decisions in  Obergefell v. Hodges and DeBoer v. Snyder,which held that states much issues marriage licenses to same sex couples and recognize the marriage of a same sex couple married in other state.

Kevin Hirzel is a Partner at Cummings, McClorey, Davis & Acho, P.L.C. and leads the Real Estate Practice Group. He frequently represents Builders, Community Associations, Condominium Associations, Cooperatives, Co-Owners, Developers, Homeowner Associations, Investors, Property Owners and Property Managers throughout the State of Michigan. Cummings, McClorey, Davis & Acho, P.L.C. has Michigan offices in Clinton Township, Grand Rapids, Livonia and Traverse City. Mr. Hirzel can be contacted at (734) 261-2400 or khirzel@cmda-law.com. Please view The Michigan Real Estate Law Blog at michiganrelaw.com for additional resources on Michigan Community Association Law.

 

 

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s