Who has the rights to property under dower in a marriage?

In the context of property law, dower refers to a legal right that a wife has in her husband’s property upon his death. Specifically, dower rights ensure that a widow has a portion of her deceased husband's estate, typically a one-third interest in his real estate, to provide her with financial security after his passing.

This concept is rooted in historical legal frameworks that recognized the wife's economic dependency on her husband and aimed to protect her rights as a surviving spouse. When a husband dies, the wife can claim these dower rights regardless of whether the husband left a will or not.

Conversely, the husband does not have an equivalent dower right in his wife's property, nor do both spouses have equal claims under the traditional definition of dower, which specifically applies to the wife. This distinctive legal provision is focused solely on the rights granted to a wife, underscoring her entitlement to a share of the husband's estate in the event of his death.