Effective: September 17, 2014
Latest Legislation: Senate Bill 43 - 130th General Assembly
(A) Any real estate or interest in real estate coming to a person by purchase, inheritance, or otherwise, after the spouse of the person is adjudged a mentally ill person subject to court order and admitted to either a hospital for persons with mental illness in this or any other state of the United States or the psychiatric department of any hospital of the United States, may be conveyed by the person while the person's spouse who is a mentally ill person subject to court order remains a patient of that hospital, free and clear from any dower right or expectancy of the person's spouse who is a mentally ill person subject to court order. Dower shall not attach to any real estate so acquired and conveyed during the time described in this section in favor of such spouse who is a mentally ill person subject to court order. The indorsement upon the instrument of conveyance, by the superintendent of the hospital to which the spouse was admitted, that the spouse of the person conveying the real estate is a mentally ill person subject to court order who has been admitted to that hospital, stating when received in that hospital and signed officially by the superintendent, shall be sufficient evidence of the fact that the spouse of the person conveying the real estate is a mentally ill person subject to court order. This indorsement shall be a part of the instrument of conveyance.
(B) As used in this section, "mentally ill person subject to court order" has the same meaning as in section 5122.01 of the Revised Code.
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.