What are dower and curtesy in the context of real estate?

Dower and curtesy refer to legal rights that pertain to the inheritance of property by a surviving spouse. Specifically, these rights protect the interests of a deceased spouse's partner regarding the property owned during the marriage.

Dower traditionally grants a wife the right to a portion (typically one-third) of her husband's estate upon his death, while curtesy grants a husband similar rights in relation to his wife's property, contingent upon the couple having had children. These provisions are significant in real estate transactions because they ensure that parties in a marriage have a stake in each other's property interests.

Understanding dower and curtesy is crucial for real estate professionals, as they must navigate these rights during transactions, especially concerning estate planning, probate, and determining clear title.