In regard to Michigan dower rights:

Management wants to obtain a waiver of dower rights from the wife whenever we take a mortgage on property that is titled only in the husband's name. My understanding of dower rights is that a mortgage, whether entered into before or during a marriage, takes precedence over the dower rights.

Can anyone else confirm? Thanks.

It was my understanding that dower rights supercede the mortgage, and the wife gets a life estate in 1/3 of all real property in her husband's name at the time of his death.

I have a copy of an opinion from James Conboy (at the time of Simpson & Moran in Cheboygan) dated 6-5-87. Jim sent the opinion, which deals with signature requirements under Regulation B, to the FRB, the FDIC, the OCC, and the (then) FIB - as such, I think I can share it with you. Just post your fax.

The opinion was published for banks in the old BCLA News, which is now the FICC. If you're a member, ask Cathy Riley for the article from News 87-6, page 5. Jim also references state law at MCLA 558.1 for dower rights.

The pertinent info in the opinion: There's an exhibit attached that the wife may sign, waiving her dower rights. This may be where your management is coming from.

Caveats: I'm not an attorney, and I'm not a dower rights expert.

Thanks Bart, we are an FICC member and I'll contact Cathy Riley for a copy of the article.

The issue of mortgage priority over dower and homestead rights is not straight forward. Title Standards published by the State Bar cover the issue. Let me know if you need these faxed to you. The rules are also different if your priority is in relation to a federal tax lien. The Craft decision from the Supreme Court within the last year threw a monkey wrench in things.

Bart the FICC has a new downloadable article and guidance on spousal signatures and types and characterisitics of joint ownership of personal property in Michigan- News No.02-10 dated August 8, 2002.

Thanks, Bob - so they do. This will teach me to be more current on opening my mail...

I'm getting married next year and I own property. It is my understanding that my husband can make me sell my property if we were to divorce and give him half of the proceeds. Is this correct?

Dower rights are the rights that a non owner spouse has in the real property of his or her spouse. It was originally set up when the husband was the only real property owner. It was designed to allow the non-owner wife to make sure that if her husband sold their home without her permission she would still have some protection in the value of the real property, so that if the husband later died, she could claim the one third of the value of her right to live in the home or the value of income produced by any farm, rental or other real property that he owned for the rest of her life. Now dower rights apply to both husband and wife and act more as veto power on the sale of any real property owned by the other spouse.

I live in Iowa. My husband has children from a previous marraige and he wants to give them land when he dies. Will I have dower rights on that land? He owned this land before we were married. Thanks.

To the anon above Joey's Mom, wouldn't a pre-nuptual agreement prevail in your circumstance? If you want to hold on to your property no matter what, see an attorney now before the marriage. And no, protecting your assests does not take the romance out of it!

To the last anon, I suggest you contact an attorney for clarification of your interests in this specific situation. Iowa dower rights are not the same as Michigan.

I was just informed by a lender that a man can purchase a home (purchase money mortgage) after filing for divorce and as long as the mortgage and everything is in his name. The wife does not have to waive her dower rights and is not entitled to the property because she never lived there? He is going to put it in the decree that she has no rights to this property. Is this okay to do and correct?

Thanks

That's the way it is in Wisconsin so I wouldn't be surprised if Michigan is the same, however, I'm not an attorney and cannot guarantee that. I suggest you run it by your corporate counsel and make sure it's that way in Michigan. Would appreciate a confirmation posting on this thread if you could.

When buying "a second house", does the wife have to sign the papers? In this instance, the property is being purchased on a land contract. Two brother are doing this jointly - would both their spouses have to sign also or can they do this without "permission" of their wives?

My understanding is that if a husband is purchasing non-homestead property, either by himself or jointly with another non-spouse individual, then the wife does not have to sign.