Michigan Amends Provisions Concerning Dower Rights
Michigan enacted new legislation that affects a wife’s dower right. This change takes effect 90 days after the bill is enacted into law.
1846 RS 66, entitled “Of estates in dower, by the curtesy, and general provisions concerning real estate,” (MCL 558.1 to 558.29) by adding section 30; and to repeal acts and parts of acts.
The amendment has the following consequences:
(1) Notwithstanding sections 1 to 29, and except as otherwise provided in subsection (2), a wife’s dower right is abolished and unenforceable either through statute or at common law.
(2) This section does not apply to either of the following:
(a) A widow’s dower elected by a woman whose husband died before the effective date of the amendatory act that added this section.
(b) If a widow’s husband died before the effective date of the amendatory act that added this section, the widow’s right to elect dower under section 2202 of the estates and protected individuals code, 1998 PA 386, MCL 700.2202.
The legislation also removed the reference to dower in Michigan’s Estates and Protected Individuals Code and any related sections of code that made reference to dower in relation to divorce and separate maintenance.
For a copy of the bill please refer to:
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