Dower Rights Mortgage 2026: States That Still Require Spousal Consent

Dower rights are a common law property right that historically gave a surviving spouse a one-third life estate in real property owned by the deceased spouse. While most states abolished dower decades ago, a few still recognize dower or its modern equivalent and require the non-titled spouse to sign the mortgage even when they have no ownership interest in the property.

States With Remaining Dower or Spousal Consent Requirements

• ✦Arkansas: retains dower and curtesy rights under the state constitution
• ✦Kentucky: retains dower and curtesy by statute; both spouses must release their interest
• ✦Ohio: technically abolished traditional dower but retains spousal rights under the Ohio Revised Code that require non-titled spouse signatures in many residential closings

Practical Impact on Closings

In these states, the title company will require the non-titled spouse to sign the mortgage, deed of trust, or both at closing. They are not signing as a borrower on the promissory note. They are releasing their dower or curtesy interest. Without this signature, the lender's lien would be subordinate to the unextinguished dower interest, rendering the loan unmarketable on the secondary market.

How to Spot Dower State Issues Early

When a purchase or refinance involves property in Arkansas, Kentucky, or Ohio and the borrower is married, confirm before rate lock that the non-titled spouse will be available to sign at closing. An absent spouse who is traveling, deployed, or separated creates a scheduling problem. Power of attorney may be an option but must be reviewed and approved by the title company and the lender before the closing date is set.