Effective: October 1, 1953
Latest Legislation: House Bill 1 - 100th General Assembly
When a plaintiff in an action to assign dower dies before the assignment, or before entry of the final judgment, the action may be revived in the name of the executor or administrator. The court of common pleas shall determine, if not before decided, whether the plaintiff was entitled to dower in such action. If the plaintiff was so entitled, the court shall adjudge in favor of such executor or administrator a sum equal to one third of the rental value of the real estate in which the plaintiff was entitled to dower, from the filing of the petition until death, after deducting one third of the necessary expenses. The sum so adjudged in favor of such executor or administrator is a lien upon such real estate, and its payment may be enforced by sale as upon execution.
Structure Ohio Revised Code
Section 5305.01 | Assignment of Dower.
Section 5305.02 | Petition for Dower.
Section 5305.03 | Encumbrances Presented.
Section 5305.04 | Land Situated in Different Counties.
Section 5305.05 | Death of Plaintiff Before Assignment.
Section 5305.06 | Appointment of Commissioners to Assign Dower.
Section 5305.07 | Proceedings Upon Return of Assignment of Dower.
Section 5305.08 | Assignment of Dower When Estate Indivisible.
Section 5305.09 | Timberlands or Other Unimproved Lands or Lots.
Section 5305.10 | Election by Owner of Lands to Pay Value of Dower.
Section 5305.11 | Dower During Pendency of Petition.
Section 5305.12 | Exemptions in Estimating Yearly Value of Dower.
Section 5305.13 | Minor Heir Not to Be Prejudiced by Collusive Assignment of Dower.
Section 5305.15 | Surviving Spouse May Elect to Be Endowed Out of Proceeds of Sale.
Section 5305.16 | Election by Answer Is a Release of Dower.
Section 5305.17 | Guardian May Elect for Surviving Spouse.
Section 5305.18 | Petition to Discharge Land of Dower of Incompetent Person.
Section 5305.19 | Inquest of Competence.
Section 5305.20 | Proceedings on Report of Inquest of Competence.
Section 5305.21 | Dower of Incompetent Person May Be Barred.
Section 5305.22 | Real Estate May Be Conveyed Free From Dower if Spouse Incompetent.