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Ohio Revised Code

Ohio Rev. Code § 2103.02 (2026)

Dower

✓ current as of May 2026
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Effective:
October 1, 1953
Latest Legislation:
Senate Bill 361 - 100th General Assembly
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A spouse who has not relinquished or been barred from it shall be endowed of an estate for life in one third of the real property of which the consort was seized as an estate of inheritance at any time during the marriage. Such dower interest shall terminate upon the death of the consort except:

(A) To the extent that any such real property was conveyed by the deceased consort during the marriage, the surviving spouse not having relinquished or been barred from dower therein;

(B) To the extent that any such real property during the marriage was encumbered by the deceased consort by mortgage, judgment, lien except tax lien, or otherwise, or aliened by involuntary sale, the surviving spouse not having relinquished or been barred from dower therein. If such real property was encumbered or aliened prior to decease, the dower interest of the surviving spouse therein shall be computed on the basis of the amount of the encumbrance at the time of the death of such consort or at the time of such alienation, but not upon an amount exceeding the sale price of such property.

In lieu of such dower interest which terminates pursuant to this section, a surviving spouse shall be entitled to the distributive share provided by section 2105.06 of the Revised Code.

Dower interest shall terminate upon the granting of an absolute divorce in favor of or against such spouse by a court of competent jurisdiction within or without this state.

Wherever dower is referred to in Chapters 2101. to 2131., inclusive, of the Revised Code, it means the dower to which a spouse is entitled by this section.
Notes of Decisions
Cited in 41 cases (2 in the last 5 years), 1955–2025 · leading case: In Re Miller, 151 B.R. 800 (Bankr. N.D. Ohio 1992).
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In Re Miller, 151 B.R. 800 (Bankr. N.D. Ohio 1992). · cites it 10× “The debtors assert that Sharon Jean Miller may exempt her inchoate dower interest as provided by Ohio Rev.Code § 2103.02 (Anderson 1990). DISCUSSION Ohio Rev.”
In Re Wycuff, 332 B.R. 297 (Bankr. N.D. Ohio 2005). · cites it 4× “Its purpose is to provide a surviving spouse with a source of support when the other spouse dies.”
Gilbert v. Castor (In Re Castor), 99 B.R. 807 (Bankr. S.D. Ohio 1989). · cites it 10× “The present successor of the former dower statute, Section 10502-1, is Section 2103.02, Ohio Revised Code, which reads: A spouse who has not relinquished or been barred from it shall be endowed of an estate for life in one third of the real property of which the consort was…”
In Re Rosario, 402 B.R. 223 (Bankr. N.D. Ohio 2009). · cites it 7× “If such real property was encumbered or aliened prior to decease, the dower interest of the surviving spouse therein shall be computed on the basis of the amount of the encumbrance at the time of death of such consort or at the time of such alienation, but not upon an amount…”
State v. Thrower, 610 N.E.2d 433 (Ohio Ct. App. 1991). · cites it 6× “She cites R.C. 2103.02, which provides in pertinent part: “A spouse who has not relinquished or been barred from it shall be endowed of an estate for life in one third of the real property of which the consort was seized as an estate of inheritance at any time during the…”
Sfjv 2005, L.L.C. v. Ream, 933 N.E.2d 819 (Ohio Ct. App. 2010). · cites it 2× “That statute provides: "[A] spouse who has not relinquished or been barred from it shall be endowed of an estate for life in one-third of the real property of which the consort was seized as an estate of inheritance at any time during the marriage.”
Drown v. JPMorgan Chase Bank, N.A. (In Re Barnhart), 447 B.R. 551 (Bankr. S.D. Ohio 2011). · cites it 6× “” Ohio Rev.Code Ann. § 2103.02. Based on the nature of dower as a life estate, the Trustee asserts that the only age that is relevant to the valuation of the Dower Interest is Linda’s because the Dower Interest is already vested.”
Stand Energy Corp. v. Epler, 837 N.E.2d 1229 (Ohio Ct. App. 2005). · cites it 2× “*358 {¶ 11} Pursuant to R.C. 2103.02, “[a] spouse who has not relinquished or been barred from it shall be endowed of an estate for life in one third of the real property of which the consort was seized as an estate of inheritance at any time during the marriage.”
In re Whitt, 534 B.R. 320 (Bankr. N.D. Ohio 2015). · cites it 6× “See, O.R.C. § 2103.02; Deutsche Bank Trust Co.”
Perlberg v. Perlberg, 247 N.E.2d 306 (Ohio 1969). · cites it 4× “The issue before us is whether a conveyance of realty to children of a former marriage, without consideration other than love and affection, by a man engaged to be married and without disclosure of the conveyance to his intended wife whom he later marries, defrauds her of her…”
In Re Hill, 11 B.R. 217 (Bankr. S.D. Ohio 1981). · cites it 3× “Section 2103.02 of the Ohio Revised Code (effective Oct.”
In Re Martz, 293 B.R. 409 (Bankr. N.D. Ohio 2002). · cites it 2× “Under Ohio law, dower is a statutory right, and is defined as “an estate for life in one third of the real property of which the consort was seized as an estate of inheritance at any time during the marriage.”
Show all 41 citing cases →
— Ohio Rev. Code § 2103.02(A) — 1 case
Gilbert v. Castor (In Re Castor), 99 B.R. 807 (Bankr. S.D. Ohio 1989). “The present successor of the former dower statute, Section 10502-1, is Section 2103.02, Ohio Revised Code, which reads: A spouse who has not relinquished or been barred from it shall be endowed of an estate for life in one third of the real property of which the consort was…”
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