MICHIGAN ABOLISHES DOWER RIGHTS PENDING GOVERNOR SIGNATURE

The Michigan Legislature addressed lack of clarity in dower rights caused by the United States Supreme Court’s recognition of same sex marriage by eliminating it altogether.

Generally speaking, dower rights allow a widow to use her late husband’s property during her lifetime to support herself.  Michigan was the only state in the country that recognized dower rights in wives only.  Given the United States Supreme Court rulings in Obergefell v. Hodges and DeBoer v. Snyder, holding states must license marriage between two people of the same sex and recognize a marriage between two people of the same sex in another state, Michigan’s dower statute required revision.  Rather than revising it, the Michigan legislature scrapped it in its entirety (perhaps in recognition that dower rights are rarely exercised). 

This is relevant to condemnation law because it will likely allow wives to avoid being named as defendants in condemnation cases.  Per MCL 213.51(f) “‘owner’ means a person, fiduciary, partnership, association, corporation, or a governmental unit or agency having an estate, title, or interest, including beneficial, possessory, and security interest, in a property sought to be condemned.”  As a result of the existence of dower rights, wives who do not have a recorded interest in a property and do not reside in the property are named as defendants due to their dower rights.

While this is not the biggest deal in the world, it will simplify the process in cases where wives do not appear on the title to property.

Of course, this is subject to Governor Snyder signing the bill but I have seen no indication that he will not.

If you have any questions relating to condemnation law, please feel free to contact me.