Legal Question in Real Estate Law in Ohio

Dower Rights

Can I buy a house without my wife's consent? We cannot agree on a house and we need to buy one now.


Asked on 1/14/08, 9:46 am

1 Answer from Attorneys

J. Norman Stark J. Norman Stark , Attorney, Architect

Re: Dower Rights

Dear Reader-Husband: Yes, you can buy a house without your Wife's consent, BUT,under the laws of Ohio, the moment such purchase is recorded, your lawful Wife becomes endowed with a one-half dower right and interest to such real estate.

Concurrently, you'll be all alone on the mortgage, since she may not consent to sharing such debt. And, it is also doubtful that any lender will consent to such arrangement, without your Wife sharing the obligation in the mortgage, particularly in view of her 1/2 interest.

It may be best to try to discuss and convince your spouse of the need for a new house and the advisability to do that TOGETHER. That's what marriage is all about - doing things together rather than unilaterally.

You may also wish to seek experienced legal counsel (a good Attorney) to advise and assist you both in coming to a good resolution.

Good luck.

Sincerely, J. Norman Stark.

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Answered on 1/14/08, 10:01 am


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