Effective: October 29, 1999
Latest Legislation: House Bill 59 - 123rd General Assembly
In any action involving the judicial sale of real property for the purpose of satisfying the claims of creditors of an owner of an interest in the property, the spouse of the owner may be made a party to the action, and the dower interest of the spouse, whether inchoate or otherwise, may be subjected to the sale without the consent of the spouse. The court shall determine the present value and priority of the dower interest in accordance with section 2131.01 of the Revised Code and shall award the spouse a sum of money equal to the present value of the dower interest, to be paid out of the proceeds of the sale according to the priority of the interest. To the extent that the owner and the owner's spouse are both liable for the indebtedness, the dower interest of the spouse is subordinate to the claims of their common creditors.
Structure Ohio Revised Code
Title 21 | Courts-Probate-Juvenile
Section 2103.01 | Property Construed.
Section 2103.021 | When Affidavit Required to Preserve Dower.
Section 2103.03 | Conveyance in Lieu of Dower.
Section 2103.04 | Eviction From Premises Conveyed in Lieu of Dower.
Section 2103.041 | Judicial Sale of Dower Interest Without Consent of Spouse.
Section 2103.05 | Adultery a Bar to Dower.
Section 2103.06 | Lands Given Up by Fraud.
Section 2103.07 | Dower Is Forfeited by Waste.