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Dower Rights? Does Indiana have them which would obligate a spouses signature on a refinance regardless

Dower Rights? Does Indiana have them which would obligate a spouses signature on a refinance regardless

Q: Do both spouses need to be on the deed for refinancing in Indiana?

In Indiana, only one spouse needs to be on the deed to refinance a property. The other spouse's signature is not required due to the abolition of dower rights. However, if both names are on the deed, both spouses typically need to consent to the refinance.

Q: What happens if one spouse refuses to sign a refinance in Indiana?

If one spouse refuses to sign a refinance in Indiana and they are not on the deed, the refinancing can proceed without their consent. However, if both spouses are on the deed, the lender usually requires both signatures for the refinance to be valid.

Q: Are there any states that still recognize dower rights?

Yes, as of 2010, only four states—Ohio, Arkansas, Kentucky, and Michigan—still recognize dower rights. In these states, a spouse may have a legal claim to a portion of their partner's property, which could affect refinancing requirements.

Full question:

Dower Rights? Does Indiana have them which would obligate a spouses signature on a refinance regardless of whether both spouses names are on the deed.

Category: Husband and Wife
Subcategory: Dower and Curtesy
Date: 04/07/2025
State: Indiana

Answer:

IC 29-1-2-11
Dower and curtesy abolished
Sec. 11. The estates of dower and curtesy are hereby abolished.
(Formerly: Acts 1953, c.112, s.211.)

As of 2010 only four States still recognize dower. Ohio, Arkansas, Kentucky, and Michigan.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What are dower rights in Indiana?

Dower rights historically allowed a spouse to claim a portion of the deceased spouse's property. However, Indiana abolished dower rights under IC 29-1-2-11. This means that spouses do not have automatic rights to property owned solely by their partner, and they do not need to sign off on refinancing unless their name is on the deed.