# Dower > Mediated Wiki article. Canonical URL: https://mediated.wiki/source/Dower > Markdown URL: https://mediated.wiki/source/Dower.md > Source: https://en.wikipedia.org/wiki/Dower > Source revision: 1332438837 > License: Creative Commons Attribution-ShareAlike 4.0 International (https://creativecommons.org/licenses/by-sa/4.0/) Assets reserved for a wife in case her husband dies Not to be confused with [Dowry](/source/Dowry) or [Dour (disambiguation)](/source/Dour_(disambiguation)). For the surname, see [Dower (surname)](/source/Dower_(surname)). Relationships (Outline) Types Genetic or adoptive Kinship Family Stepfamily Parent Father Mother Son Daughter Grandparent Sibling Brother Sister Cousin Aunt Uncle Niece and nephew By marriage Spouse Husband Wife Open marriage Polygamy Polyandry Polygyny Group marriage Mixed-orientation Partner(s) Significant other Boyfriend Girlfriend Cohabitation Long-distance Online Same-sex Queerplatonic Intimate and sexual Casual Committed Monogamy Non-monogamy Mutual monogamy Polyamory Polyfidelity Affair Cicisbeo Concubinage Courtesan Mistress Activities Bonding Courtship Dating Engagement Bachelor's Day Mating Meet market Romance Singles event Wedding Endings Breakup Ghosting Legal/marital separation Annulment Divorce Widowhood Emotions and feelings Affinity Attachment Intimacy Jealousy Love Friend zone Passionate and companionate Platonic Romance Romantic friendship Unconditional Passion Sexuality Non-romantic friendship Alliance Cross-sex Female Male Practices Bride price dower dowry service Homogamy Hypergamy Infidelity Sexual activity Transgression Repression Abuse Child Dating Domestic Elderly Narcissistic parent Controlling behavior Stalking v t e Dower agreement (Proikosymfono) before wedding at Kastoria, Greece, (1905). Source: Folkloric Museum of Kastoria **Dower** is a provision accorded traditionally by a husband or his family, to a wife for her support should she become [widowed](/source/Widow). It was [settled](/source/Settlement_(law)) on the bride (being given into [trust](/source/Trust_instrument)) by agreement at the time of the wedding, or as provided by law. The dower grew out of the practice of [bride price](/source/Bride_price), which was given over to a bride's family well in advance for arranging the marriage, but during the early Middle Ages, was given directly to the bride instead. However, in popular parlance, the term may be used for a [life interest](/source/Life_interest) in property settled by a husband on his wife at any time, not just at the wedding. The verb [*to dower*](https://en.wiktionary.org/wiki/dower#Verb) is sometimes used*.* In popular usage, the term *dower* may be confused with: - A *[dowager](/source/Dowager)* is a widow (who may receive her dower). The term is especially used of a noble or royal widow who no longer occupies the position she held during the marriage. For example, [Queen Elizabeth](/source/Queen_Elizabeth_The_Queen_Mother) was technically the [dowager queen](/source/Dowager_queen) after the death of [George VI](/source/George_VI_of_the_United_Kingdom) (though she was referred to by the more informal title "[queen mother](/source/Queen_mother)"), and [Princess Lilian](/source/Princess_Lilian%2C_Duchess_of_Halland) was the Dowager Duchess of Halland in [heraldic](/source/Heraldry) parlance. Such a dowager will receive the income from her dower property. (The term "[Empress Dowager](/source/Empress_dowager)", in Chinese history, has a different meaning.) - Property brought to the marriage by the bride is called a *[dowry](/source/Dowry)*. But the word *dower* has been used since [Chaucer](/source/Chaucer) (*[The Clerk's Tale](/source/The_Clerk's_Tale)*) in the sense of *dowry*, and is recognized as a definition of *dower* in the [Oxford English Dictionary](/source/Oxford_English_Dictionary). - Property made over to the bride's family at the time of the wedding is a *[bride price](/source/Bride_price)*. This property does not pass to the bride herself. ## Meaning Of Dower Being for the wife/spouse and being accorded by law, dower differs essentially from a conventional marriage portion such as the [English](/source/England) [dowry](/source/Dowry) (cf. [Roman](/source/Roman_law) *dos*, [Byzantine](/source/Byzantine_law) *proíx*, [Italian](/source/Italy) *dote*, [French](/source/France) *dot*, Dutch *bruidsschat*, [German](/source/Germany) *Mitgift*). The bride received a right to certain property from the bridegroom or his family. It was intended to ensure her livelihood in widowhood, and it was to be kept separate and in the wife's possession. Dower is the gift given by the groom to the bride, customarily on the morning after the wedding, though all dowerings from the man to his fiancée, either during the betrothal period, or wedding, during marriage or afterwards, even as late as in the testamentary dowering, are understood as dowers if specifically intended for the maintenance of the wife. Deed for a dower from Magnus Eriksson to his new wife Gunhild Arvidsdotter Dower was a property arrangement for marriage first used in early medieval German cultures, and the Catholic Church drove its adoption into other countries, in order to improve the wife's security by this *additional* benefit. The practice of dower was prevalent in those parts of Europe influenced by [Germanic](/source/Germanic_languages) [Scandinavian](/source/Scandinavia) culture, such as Sweden, Germany, Normandy and successor states of the Langobardian kingdom. The husband was legally prevented from using the wife's dower — as contrasted with her [dowry](/source/Dowry), which was brought to the marriage by the bride and used by both spouses. This often meant that the woman's legal representative, usually a male relative, became guardian or [executor](/source/Executor) of the dower, to ensure that it was not squandered. Usually, the wife was free from kin limitations to use (and bequeath) her dower to whatever and whomever she pleased. It may have become the property of her next marriage, been given to an ecclesiastical institution, or been inherited by her children from other relationships than that from which she received it. ## Types In English legal history, there were originally five kinds of dower:[1][2] 1. *Dower ad ostium ecclesiae*, was the closest to modern meaning of dower. It was the property secured by law, in bride's name at the [church porch](/source/Church_porch) (where marriages used to take place). This was optional. Dower wasn't the same as bride price; rather, it was legal assignment of movable or fixed property that became the bride's property. 1. *Dower de la plus belle* was a hereditary conveyance of tenure by [knight service](/source/Knight-service). It was abolished in 1660, by the act which did away with old tenures.[1] 1. *Dower ex assensu patris*, was the dower given to the bride by the father of the bridegroom. This became obsolete long before it was formally abolished (in the United Kingdom, for example, by the Dower Act 1834). 1. At common law, dower was of a very different nature. It was a legal declaration of a wife's right to property, while the husband lived, which he would manage; which would transfer to the wife's children when they were born; and which would secure her livelihood were she widowed. A dower at common law was not liable for the husband's debts — which became controversial after many tried to use it to shield their property from the collection of debts. The Dower Acts of 19th century abolished this. 1. Dower by custom was an attempt to recognize the rules of dower customary at each manor and in each region. Customary dowers were also abolished in the 19th century, and replaced with uniform inheritance laws. ## History ### Roman era Dower is thought to have been suggested by the bride price which [Tacitus](/source/Tacitus) found to be usual among the [Germans](/source/Germans). This bride price he terms *dos*, but contrasts it with the *dos* (dowry) of the Roman law, which was a gift on the part of the wife to the husband, while in [Germany](/source/Germany) the gift was made by the husband to the wife.[3] There was indeed in the Roman law what was termed *donatio propter nuptias*, a gift from the family of the husband, but this was only required if the *dos* were brought on the part of the wife. So too in the special instance of a widow (herself poor and undowried) of a husband rich at the time of his death, an ordinance of the Christian [Emperor Justinian](/source/Emperor_Justinian) secured her the right to a part of her husband's property, of which no disposition of his could deprive her.[citation needed] ### Establishment in Western Europe "Thy truth, then, be thy dower". [King Lear](/source/King_Lear) Dower payments evolved from the Germanic custom of paying a bride price, which over centuries morphed into the bride gift. After the introduction of Christianity, the custom of dower persisted as a method of exacting from the husband at marriage a promise to endow his wife, a promise retained in form even now in the marriage ritual of the [Established Church](/source/Established_Church) in [England](/source/England).[4] Dower is mentioned in an ordinance of [King Philip Augustus](/source/King_Philip_Augustus) of [France](/source/France) (1214), and in the almost contemporaneous [Magna Carta](/source/Magna_Carta) (1215); but it seems to have already become customary law in [Normandy](/source/Normandy), [Sicily](/source/Sicily), and [Naples](/source/Naples), as well as in England. The object of both ordinance and charter was to regulate the amount of the dower where this was not the subject of voluntary arrangement, dower by English law consisting of a wife's life estate in one-third of the lands of the husband "of which any issue which she might have had might by possibility have been heir".[5] ### England and other common law countries There is judicial authority of the year 1310 for the proposition that dower was favoured by law,[6] and at a less remote period it was said to be with life and liberty one of three things which "the law favoreth". In England in the late 18th century, it became common for men to hold land with a trust that prevented their wives' acquiring dower. Accordingly, the English statute, the [Fines and Recoveries Act 1833](/source/Fines_and_Recoveries_Act_1833) was passed to impair the inviolability of dower by empowering husbands to cut off by deed or will their wives from dower. Wives married before the Act still had (in certain cases) to acknowledge the deed before a commissioner to bar their right to dower in property which their husband sold. This was simpler than the previous procedure, which had required a [fine](/source/Fine_of_lands) to be levied in the [Court of Common Pleas](/source/Court_of_Common_Pleas_(England)), a [fictitious proceeding](/source/Legal_fiction), by which she and her husband formally remitted their right to the property to the purchaser. In English law, dower was one third of the lands [seised](/source/Seisin) in fee by the husband during the marriage. However, in the early modern period, it was common for a wife to bar her right to dower in advance under a marriage settlement, under which she agreed to take instead a [jointure](/source/Jointure), that is a particular interest in her husband's property, either a particular share, or a life interest in a particular part of the land, or an annuity. This was often part of an arrangement by which she gave up her property to her husband in exchange for her jointure, which would accordingly be greater than a third. Strictly dower was only available from land that her husband owned, but a life tenant under a settlement was often given power to appoint a [jointure](/source/Jointure) for his wife. The wife would retain her right to dower (if not barred by a settlement) even if her husband sold the property; however this right could also be barred by a fictitious court proceeding known as levying a fine. The widow of a [copyholder](/source/Copyhold) was usually provided for by the custom of the [manor](/source/Manorialism) with [freebench](/source/Freebench), an equivalent right to dower, but often (but not necessarily) a half, rather than a third. ### Quebec As of 1913, the law in [Quebec](/source/Quebec) recognized a customary dower for widows, a holdover from old French law. This dower could be forfeited by women who took perpetual vows in certain religious orders.[7] ### Scotland Under [Scots law](/source/Scots_law), the part of the estate that cannot be denied to a surviving wife is referred to as [jus relictae](/source/Jus_relictae). ### United States It was the law of dower unimpaired by statute which, according to the American commentator [Chancellor Kent](/source/Chancellor_Kent), has been "with some modifications everywhere adopted as part of the municipal jurisprudence of the [United States](/source/United_States)".[8] In American law, a widow's dower estate has phases: **inchoate dower** while the husband is still alive (wives co-sign their husbands' deeds for land in order to release their inchoate dower rights),[9] **unassigned dower** after his death and before a dower lot is assigned to her, **assigned** (and if necessary **admeasured**) **dower** once the lot is determined. Then she can live on the dower lot or get its [usufruct](/source/Usufruct) ("fruits" like actual fruit or animals grown there, and any rental income from her share), during her life. She can sell her unassigned or assigned dower rights, but could not sell them while they were still inchoate before her husband's death. Her dower lot is assigned to her by the husband's heirs who inherit the land, and it should be one-third of the husband's real property (by value, not by land area). If the widow disputes it, she or the heirs may file an action in court for **admeasurement of dower** and the court will determine and assign a dower lot to the widow. See *Scribner on Dower*.[10] A [widow](/source/Widow)'s dower and [widower](/source/Widower)'s [curtesy](/source/Courtesy_tenure) rights have been abolished by statute in most American states and territories, most recently in [Michigan](/source/Michigan) in 2016.[11] Dower was never "[received](/source/Reception_statute)" into [Louisianan law](/source/Law_of_Louisiana), its [civil code](/source/Civil_law_(legal_system)) being based mainly on French law. In [Arkansas](/source/Arkansas),[12] [Kentucky](/source/Kentucky),[13] [Ohio](/source/Ohio)[14] and the [Territory of Palmyra Island](/source/Palmyra_Atoll),[15] a widow's dower remains a valid [estate in land](/source/Estate_in_land)—modified and augmented in Arkansas and Kentucky with other protections for surviving spouses like [elective share](/source/Elective_share) and [community property](/source/Community_property). ## Relationship to religious profession During the pre-[Reformation](/source/Protestant_Reformation) period, a man who became a monk and made his religious profession in England was deemed civilly dead, "dead in law";[16] consequently his heirs inherited his land forthwith as though he had died a natural death. Assignment of dower in his hand would nevertheless be postponed until the natural death of such a man, for only by his wife's consent could a married man be legally professed in religion, and she was not allowed by her consent to exchange her husband for dower. After the Reformation and the enactment of the English statute of 11 and 12 [William III](/source/William_III_of_England), prohibiting "papists" from inheriting or purchasing lands, a [Roman Catholic](/source/Roman_Catholic) widow was not held to be debarred of dower, for dower accruing by operation of law was deemed to be not within the prohibitions of the statute. By a curious disability of old English law a [Jewish](/source/Jewish) widow born in England would be debarred of dower in land which her husband, he having been an Englishman of the same faith and becoming converted after marriage, should purchase, if she herself remained unconverted. ## Morganatic marriage: a post-medieval application Some high-born persons have been prone to marry an ineligible spouse. Particularly in European countries where the equal birth of spouses (*Ebenbürtigkeit*) was an important condition to marriages of dynasts of reigning houses and high nobility, the old matrimonial and contractual law provision of dowering was taken into a new use by institutionalizing the [morganatic marriage](/source/Morganatic_marriage). Marriage being morganatical prevents the passage of the husband's titles and privileges to the wife and any children born of the marriage. *Morganatic*, from the [Latin](/source/Latin) phrase *matrimonium ad morganaticam*, refers to the dower (Latin: *morganaticum*, German: *Morgengabe*, Swedish: *morgongåva* ). When a marriage contract is made that the bride and the children of the marriage will not receive anything else (than the dower) from the bridegroom or from his inheritance or patrimony or from his clan, that sort of marriage was dubbed as "marriage with only the dower and no other inheritance", i.e. *matrimonium ad morganaticum*. Neither the bride nor any children of the marriage has any right on the groom's titles, rights, or entailed property. The children are considered legitimate on other counts and the prohibition of [bigamy](/source/Polygamy) applies. The practice of "only-doweried" is close to [pre-nuptial contracts](/source/Pre-nuptial_contract) excluding the spouse from property, though children are usually not affected by prenuptials, whereas they certainly were by morganatical marriage. Morganatic marriage contained an agreement that the wife and the children born of the marriage will not receive anything further than what was agreed in pre-nuptials, and in some cases may have been zero, or something nominal. Separate nobility titles were given to morganatic wives of dynasts of reigning houses, but it sometimes included no true property. This sort of dower was far from the original purpose of the bride receiving a settled property from the bridegroom's clan, in order to ensure her livelihood in widowhood. The practice of morganatic marriage was most common in historical [German states](/source/List_of_states_in_the_Holy_Roman_Empire), where equality of birth between the spouses was considered an important principle among the reigning houses and high nobility. Morganatic marriage has not been and is not possible in jurisdictions that do not allow sufficient freedom of contracting, as it is an agreement containing that pre-emptive limitation to the inheritance and property rights of the wife and the children. Marriages have never been considered morganatic in any part of the [United Kingdom](/source/United_Kingdom). ## In Islam Main article: [Mahr](/source/Mahr) The payment from the groom to the bride is a mandatory condition for all valid [Muslim marriages](/source/Nikah): a man must pay mahr to his bride. It is the duty of the husband to pay as stated in the Qu'ran (Sura Al-Nisaa’ verses 4 and 20–24), although often his family may assist, and by agreement can be in promissory form, i.e. in the event the husband pronounces [talaq](/source/Divorce_(Islamic)).[17] It is considered a gift which the bride has to agree on. The mahr can be any value as long as it is agreed upon by both parties. When the groom gives his bride the mahr, it becomes her property. While the mahr is usually in the form of cash, it may also be real estate or a business. The mahr is of assistance to a wife in times of financial need, such as a divorce or desertion by the husband. If the mahr is in promissory form then it becomes payable if the husband initiates a [divorce](/source/Divorce_(Islamic)). If it was previously paid, the wife is entitled to keep her mahr. However, if the woman initiates the divorce (in the procedure called [khula](/source/Khula)), the circumstances of the breakup become relevant. If the divorce is sought for cause (such as abuse, illness, impotence, or infidelity), the woman is generally considered to have the right to keep the mahr; however, if the divorce is not sought for a generally accepted cause, the husband may request its return. [*[citation needed](https://en.wikipedia.org/wiki/Wikipedia:Citation_needed)*] ## In the Baháʼí Faith According to the [Kitáb-i-Aqdas](/source/Kit%C3%A1b-i-Aqdas), the [Baháʼí Faith](/source/Bah%C3%A1%CA%BC%C3%AD_Faith)'s most holy book, the dower is paid from the groom to the bride. The dower, if the husband lives in a city, is nineteen [mithqáls](http://bahai-library.com/writings/bahaullah/aqdas/glossary.html#Mithqal) (approx. 2.2 [troy ounces](/source/Troy_ounce)) of pure gold, or, if the husband lives outside a city, the same amount in silver. ## See also - [Bride price](/source/Bride_price) - [Curtesy](/source/Curtesy) - [Elective Share](/source/Elective_Share) - [Jointure](/source/Jointure) - *[Wittum](/source/Wittum)* ## References 1. ^ [***a***](#cite_ref-EB1911_1-0) [***b***](#cite_ref-EB1911_1-1) Scott, Harold Spencer (1911). ["Dower"](https://en.wikisource.org/wiki/1911_Encyclop%C3%A6dia_Britannica/Dower). In [Chisholm, Hugh](/source/Hugh_Chisholm) (ed.). *[Encyclopædia Britannica](/source/Encyclop%C3%A6dia_Britannica_Eleventh_Edition)*. Vol. 8 (11th ed.). Cambridge University Press. p. 457. 1. **[^](#cite_ref-2)** William Blackstone (2009), The Commentaries of Sir William Blackstone, Knight, on the Laws, Constitution of England; [ISBN](/source/ISBN_(identifier)) [978-1-60442-719-6](https://en.wikipedia.org/wiki/Special:BookSources/978-1-60442-719-6); pages 105–111 1. **[^](#cite_ref-3)** [Larousse](/source/Pierre_Larousse), *[Grand dictionnaire universel](/source/Grand_dictionnaire_universel_du_XIXe_si%C3%A8cle)*, Paris, 1870, s.v. *Douaire* 1. **[^](#cite_ref-4)** See [Blackstone](/source/William_Blackstone), *[Commentaries on the Laws of England](/source/Commentaries_on_the_Laws_of_England)*, II, 134, note p. 1. **[^](#cite_ref-5)** Blackstone, *op. cit.*, 131 1. **[^](#cite_ref-6)** [Year Books](/source/Year_Books) of [Edward II](/source/Edward_II), London, 1905, Vol. III, 189 1. **[^](#cite_ref-CE_7-0)** Herbermann, Charles, ed. (1913). ["Dower"](https://en.wikisource.org/wiki/Catholic_Encyclopedia_(1913)/Dower). *[Catholic Encyclopedia](/source/Catholic_Encyclopedia)*. New York: Robert Appleton Company. 1. **[^](#cite_ref-8)** *Commentaries on [American Law](/source/Law_of_the_United_States)*, IV, 36 1. **[^](#cite_ref-9)** Vahlsing, Joseph H.; Hudson, William E. (1972). ["Inchoate Dower - An Idea Whose Time Is Past"](https://uknowledge.uky.edu/cgi/viewcontent.cgi?article=2635&context=klj). *Kentucky Law Journal*. **60** (3): 671. Retrieved 3 May 2021. 1. **[^](#cite_ref-10)** Charles H. Scribner, *A Treatise on the Law of Dower, in Two Volumes*, T. & J. W. Johnson & Co., Philadelphia (1867, 2nd Ed. 1883). [https://archive.org/stream/cu31924018800619/cu31924018800619_djvu.txt](https://archive.org/stream/cu31924018800619/cu31924018800619_djvu.txt) 1. **[^](#cite_ref-11)** State of Michigan, Public Act 489 of 2016. 1. **[^](#cite_ref-12)** Arkansas Code, §§ 28-11-305, 28-11-307 and 18-12-402. 1. **[^](#cite_ref-13)** Kentucky Revised Statutes, § 381.135. 1. **[^](#cite_ref-14)** Ohio Revised Code §2103.02. 1. **[^](#cite_ref-15)** *Dower*, § 319-1, *Revised Laws of Hawaii 1955*, Filmer Bros. Press, San Francisco, (1955–1959); non-repeal: *Hawaii Admission Act*, PL86-3, §§ 2 and 15 (1959). 1. **[^](#cite_ref-16)** Blackstone, *op. cit.*, Bk. II, 121 1. **[^](#cite_ref-17)** ["Islams Women – Fiqh of Marriage – Dowry"](http://www.islamswomen.com/marriage/fiqh_of_marriage_6.php). islamswomen.com. ## Further reading - This article incorporates text from a publication now in the [public domain](/source/Public_domain): Charles William Sloane (1913). "[Dower](https://en.wikisource.org/wiki/Catholic_Encyclopedia_(1913)/Dower)". In Herbermann, Charles (ed.). *[Catholic Encyclopedia](/source/Catholic_Encyclopedia)*. New York: Robert Appleton Company. - [Georges Duby](/source/Georges_Duby), *The Knight, The Lady, and the Priest* (1981). v t e Interpersonal relationships Types Romantic Boyfriend Girlfriend Cohabitation Significant other Domestic partnership Same-sex relationship Monogamy Civil union Marriage Civil marriage Husband Wife Soulmate Widowhood Non-monogamy Open relationship Open marriage Polyamory Polyfidelity Polygamy Concubinage Mistress Sexual Casual sex Casual dating Friends with benefits Enjo kōsai Sexual partner One-night stand Courtesan Gigolo Queerplatonic relationship Sugar dating Non-romantic, Non-sexual Acquaintance Alliance Enemy Friendship Heterosociality Cross-sex Homosociality Bromance Female Male Womance Recession Kinship Family Siblings Platonic Stranger Familiar Consequential Rental Sycophancy Historical Cicisbeo Seraglio Plaçage Marriage à la façon du pays Royal mistress Royal favourite Maîtresse-en-titre Romantic friendship Events Initiation Flirting First date Matchmaking Meet market Singles event Bonding Courtship Dating Romance Mating Wedding Breakup Annulment Divorce Separation Legal Marital Emotions Affinity Attachment Compersion Fear of commitment Intimacy Jealousy Limerence Loneliness Love Passion Passionate and companionate love Unconditional love Practices Homogamy Hypergamy Bride price Mahr Dower Dowry Gold digging Infidelity Mésalliance Relationship anarchy Repression Sexual activity Transgression Abuse Child abuse Dating violence Domestic violence Elder abuse See also Agape Broken heart Free love Love addiction Lovesickness Obsessive love Single person Singleton (lifestyle) Unrequited love Authority control databases GND --- Adapted from the Wikipedia article [Dower](https://en.wikipedia.org/wiki/Dower) by Wikipedia contributors ([contributor history](https://en.wikipedia.org/wiki/Dower?action=history)). 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