What do states without dower and curtsey typically have?

States without dower and curtesy laws typically have community property laws and elective share laws. Dower and curtesy are traditional common law concepts that provided a surviving spouse with a claim on a certain portion of the deceased spouse’s estate. In states that do not adopt these laws, the framework usually shifts towards community property principles or elective share statutes.

Community property laws imply that any property acquired during the marriage is owned jointly by both spouses, regardless of whose name is on the title. This approach is a significant shift from dower and curtesy, as it distinctly outlines ownership rights during the marriage and upon the death of a spouse.

Elective share laws provide a surviving spouse the right to claim a specified portion of the deceased spouse’s estate, irrespective of what is laid out in a will. This ensures that a spouse cannot be completely disinherited, echoing similar protective intents of dower and curtesy, but adapting them to modern legal frameworks.

Understanding this context helps clarify why community property laws and elective share laws are prevalent in states that do not recognize traditional dower and curtesy rights.