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The Divorce Encyclopedia

Dower

Term Definition Dower - a wife’s common law right to inherit from her husband.

Application in Divorce Divorcing spouses have died in the midst of a divorce.

Under common law, a widow has a right to inherit one-third of her late husband’s estate.

Until a divorce is final, a husband and wife, though intending to end the marriage, have a right to inherit each other’s property. In some states, an executed separation agreement supersedes inheritance rights prior to the divorce judgment.

Dower has been eliminated or materially altered in some jurisdictions.

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