"Dower Right" refers to an interest in real estate established by state law that is intended to protect a non-title holding spouse. Ohio is one of the few remaining states that still provide for such rights. Within the real estate legal community, there are periodic efforts to introduce legislation that would abolish, or at least modify the interest so that it does not create the number of title problems for which it is responsible, but so far none have been successful.

Under this doctrine, whenever a married person buys real estate in Ohio, the married person's spouse is automatically the recipient of this "dower" interest. Dower is a complicated, contingent and partial interest in the real estate. Consequently, any document that intends to convey or mortgage an interest in the property is not effective as to the dower interest of the spouse unless that spouse has also signed the document. Most real estate agents understand that when a married seller signs the Deed, their spouse must also sign to release his/her dower rights. Without the spouse signing the Deed, the new owner's interest is SUBJECT to the dower interest of the spouse of the former owner.

In the case of the mortgage, a mortgage is signed in order for the lender to have a lien against the ownership of the property. If the ownership is titled individually and the owner/purchaser is married, the spouse must also sign the mortgage or the lender's interest is SUBJECT to the dower interest of the borrower's spouse. When the spouse joins in signing the mortgage they are releasing dower interest ONLY insofar as the lender's mortgage interest is concerned. In other words, the act of signing the mortgage does not eliminate the dower interest, it merely recognizes the mortgage lender's interest is superior. As a result, should the title holder later apply for a second mortgage or refinance, the spouse will again have to sign that mortgage as well. When the property is sold, the Seller's spouse will need to join in the Deed to forever release his or her dower claim against the property. Only death or divorce will eliminate this claim. Frequently the question will arise, can the spouse sign anything ahead of time to accomplish this task? Generally, aside from the mortgage there is no separate document that will be accepted by all title agencies or attorneys for this purpose. One spouse could however, appoint the other as attorney-in-fact, provided of course that the title agent has no reason to question the authenticity of the Power of Attorney. This measure may be subject to the mortgage lender's approval. In circumstances where the buyer and spouse are at odds with one another such as a pending divorce, special care should be used when dealing with this issue. While each situation tends to be different, there is one constant: the spouse will be asked to sign the deed and/or mortgage.

No matter what the circumstances though, it is best to work closely and early with the title agent to reduce the potential for disaster. In many cases the borrower's marital status is not disclosed until after the closing package is provided which is often the same day of closing making it difficult to address this complicated situation.