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My husband and I are military and have lived in different…

Hi! My husband and...

Hi! My husband and I are military and have lived in different states since we married last June. He is selling HIS home in KY and an attorney is saying I have to sign his deed due to dower rights. Is there any way around this? I do not want anything to do with the sale or the house.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Kentucky

Lawyer's Assistant: Has any paperwork been filed?

I don’t believe so

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Don’t think so

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Answered in 2 hours by:
3/14/2018
KLAW
KLAW, Arbitrator
Category: Real Estate Law
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Dower and curtesy rights exist by statute in Kentucky. They are what is called inchoate (undeveloped) rights, and every spouse has them to their spouse's property.Upon marriage you legally and automatically under statute have the right, to roughly one half of their property, no matter what state or country the property is located.I hope this clarifies. Please don’t forget to rate the question with stars. We as attorneys are not employees of Just Answer and are not paid unless you rate the question with stars.
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Customer reply replied 4 months ago
Thank you. My question was is there was any way around signing the deed. For example, can I waive the rights in any other form to avoid having to put my name on the deed? Am I also required to sign the contract for sale? Thank you.
No. You must sign the deed. You are not required to sign the contract of sale, but in practice, the attorney will require that you sign the contract, because you have the 1/2 rights in the property bylaw.Under Kentucky law you must sign the deed because of your dower rights to the property. At closing you will need to sign the deed, which may be accomplished by power of attorney if you can’t be at the closing.I hope this clarifies. Please don’t forget to rate the question
KLAW
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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