As Introduced

132nd General Assembly

Regular Session H. B. No. 407

2017-2018

Representatives Dever, Seitz

A BILL

To amend sections 2103.02, 2103.09, and 2106.24 of the Revised Code to abolish the estate by dower.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 2103.02, 2103.09, and 2106.24 of the Revised Code be amended to read as follows:

Sec. 2103.02. (A) This section applies only to a dower interest that vested before the effective date of this amendment.

(B) A spouse who has not relinquished or been barred from it shall be endowed of an estate for life in one third of the real property of which the consort was seized as an estate of inheritance at any time during the marriage. Such dower interest shall terminate upon the death of the consort except:

(A) (1) To the extent that any such real property was conveyed by the deceased consort during the marriage, the surviving spouse not having relinquished or been barred from dower therein;

(B) (2) To the extent that any such real property during the marriage was encumbered by the deceased consort by mortgage, judgment, lien except tax lien, or otherwise, or aliened by involuntary sale, the surviving spouse not having relinquished or been barred from dower therein. If such real property was encumbered or aliened prior to decease, the dower interest of the surviving spouse therein shall be computed on the basis of the amount of the encumbrance at the time of the death of such consort or at the time of such alienation, but not upon an amount exceeding the sale price of such property.

In lieu of such dower interest which terminates pursuant to this section, a surviving spouse shall be entitled to the distributive share provided by section 2105.06 of the Revised Code.

Dower interest shall terminate upon the granting of an absolute divorce in favor of or against such spouse by a court of competent jurisdiction within or without this state.

Wherever dower is referred to in Chapters 2101. to 2131., inclusive, of the Revised Code, it means the dower to which a spouse is entitled by this section.

Sec. 2103.09. (A) The estate by the curtesy is abolished; but sections 2103.01 to 2103.09, inclusive, of the Revised Code shall not affect vested rights nor any section of the Revised Code.

(B) The estate of dower is abolished. However, the abolition of dower shall not affect the dower interest of a surviving spouse whose interest vested before the effective date of this amendment.

Sec. 2106.24. In addition to the rights provided in this chapter, a surviving spouse of a decedent who died testate or intestate is entitled to any other rights prescribed in other chapters of the Revised Code, including, but not limited to, any dower rights that vested before the effective date of this amendment, under Chapters 2103. and 5305. of the Revised Code.

Section 2. That existing sections 2103.02, 2103.09, and 2106.24 of the Revised Code are hereby repealed.