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Simple English definitions for legal terms
dower and curtesy
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A quick definition of dower and curtesy:
Dower and curtesy are old words that talk about what happens to a husband or wife's things when they die. Before, it was different for men and women. Dower was for the wife, and she could have some of her husband's things for the rest of her life. Curtesy was for the husband, but he could only have his wife's things if they had a child together. Now, it doesn't matter if you're a man or a woman, but different states have different rules about how much of your spouse's things you can have when they die.
A more thorough explanation:
Dower and curtesy are legal terms that describe the rights of a spouse to the property of their deceased partner. In the past, these rights were different for men and women, but now they are the same for all genders.
Dower is the right of a wife to a portion of her deceased husband's property. In the past, this was usually one-third to one-half of the property. For example, if a husband owned a house and some land, his wife would have the right to live in the house and use the land for the rest of her life.
Curtesy is the right of a husband to a portion of his deceased wife's property. In the past, this right only applied if the couple had a child during their marriage. The husband would receive a life estate to all of his wife's property. For example, if a wife owned a business and some stocks, her husband would have the right to use them for the rest of his life.
Today, dower and curtesy rights are the same for all genders. However, the amount of property that a spouse is entitled to varies by state. In some states, a spouse may be entitled to half of the deceased partner's property, while in others, they may only be entitled to a smaller portion.
For example, if a husband passes away and he owned a house and some savings, his wife may be entitled to live in the house and use the savings for the rest of her life. If a wife passes away and she owned a car and some jewelry, her husband may be entitled to use the car and jewelry for the rest of his life.
These examples illustrate how dower and curtesy rights work in practice. They show that a surviving spouse may have the right to use and enjoy certain property that belonged to their deceased partner.