What Is Curtesy?

Curtesy is the common law right of a husband to the estate and property of his deceased wife. It's also known as a statutory share. The rights only applied to the man if a child was born during the marriage.

Understanding Curtesy

A man became the beneficiary of his spouse's assets under curtesy law when his spouse died. The couple must have borne a child during the time of their marriage to establish the right of curtesy. The child must have been eligible to inherit his mother's estate upon their maturity. The husband who 澳洲幸运5官方开奖结果体彩网:inherited the estate was permitted to use it until his death but he couldn't sell or transfer its ownershiꦛp to any person other than the child.

The practice of curtesy originated under England's common law. A husband was entitled to the "rents and profits, together with the use and enjoyment, of all the realty" that his wife owned or was expected to own after their marriage. He couldn't claim his rights to property until a child was born to them.

Curtesy was first introduced in America during the 17th century. It gained rapid currency as part of common law in the 18th and 19th centuries. The second half of the 19th century proved to be a turning point. Passage of Married Women's Property Acts in various U.S. states and elsewhere led to changes in curtesy laws.

Origins of Curtesy: Common Law

Curtesy and dower rights diffe🌺red by gender in most states but those differ🍌ences have been abolished in favor of a common set of rights for surviving spouses regardless of their gender.

Dower is a common law that entitles a widow to a portion of her husband's estate in the absence of a will. A dower provision allows the wife to provide for herself and any children born during the marriage. The widow was typically granted up to a one-third interest in her husband's assets in most circumstances.

Many states still have laws on the books that define dower and curtesy riꦛghts.

Common Law vs. Civil Law

澳洲幸运5官方开奖结果体彩网:Common law is a body of unwritten laws based on precedents established by the courts. 👍Common law influences the decision-making process in novel cases where the outcome can't be determined based on existing statutes. The U.S. common law system evolved from a pre-colonial trᩚᩚᩚᩚᩚᩚ⁤⁤⁤⁤ᩚ⁤⁤⁤⁤ᩚ⁤⁤⁤⁤ᩚ𒀱ᩚᩚᩚadition in England that spread to North America and other continents during the colonial period. 

Civil law is a comprehensive, codified set of legal statutes created by legislators. Som🐟e of these laws are based on common law.

State Statutes on Curtesy and Dower

As an example, Kentucky's statute on curtesy and dower provides that:

"After the death of the husband or wife intestate, the survivor shall have an estate in fee of one-half (1/2) of the surplus 澳洲幸运5官方开奖结果体彩网:real estate of which the other spouse or anyone for the use of the other spouse was seized of an estate in fee simple at the time of death and shall have an estate for his or her life in one-third (1/3) of any real estate of which the other spouse or anyone for the use of the other spouse was seized of an estate in fee simple during the coverture but not at the time of death, unless the survivor's right to such interest has been barred, forfeited or relinquished. The survivor shall also have an absolute estate in one-half (1/2) of the surplus personalty left by the decedent. Unless the context otherwise requires, any reference in the statutes of this state to "dower" or "curtesy" shall be deemed to refer to the surviving spouse's interest created by this section."

The Bottom Line

Curtesy is the right of a husband to inherit from his wife's estate. It's a component of common law that originated centuries ago but the inheritance statutes of many states still use it as a basis for their inheritance laws. Consider consulting with a legal professional if you're not sure where your state stands on these issues.