Course:History 344 Nasty Families/Dower

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Just as the husband received a potential gain from the union of marriage so too did the wife. Husbands were presented with a dowry from the family of the wife, and the woman was offered a Dower.

A dower was an English law that gave a wife rights over her husband’s property. This tradition of a dower can be dated as far back as the times of the Teuton people. In this era the bridegroom would make a payment to the kinsmen of the bride. This was his way of returning the payment he received and for the rights he held over her. His payment would act as a mourning gift in case he were to die before her.(1)

A dower usually consisted of a small portion of the deceased husband’s real property (the husbands ownership of land and the developments he had added onto it).(2) The wife was able to claim the dower if the husband had died and left no will or if she dissented from the will.(3)

Under Common Law, the dower consisted of a one-third interest in all the land that the husband owned over the duration of the marriage. Once married the dower was instantly connected to any new land the husband gained possession over.(4) This helped to ensure that the wife would still be enabled to obtain the land in her husbands death. The husband was not able to diminish the dowry unless his wife had joined or agreed to convey or dismiss land grants. The dower was also able to be dissolved if the marriage ended in divorce on behalf of the wife, or if the marriage was annulled.(5)


(1) George L. Haskins, "The Development of Common Law." Harvard Law Review 62, no. 1 (November 1948): 42-55. Academic Search Complete, EBSCOhost (accessed January 27, 2010).

(2) "Property." Columbia Electronic Encyclopedia, 6th Edition (October 2009): 1-2. Academic Search Complete, EBSCOhost (accessed January 27, 2010).

(3) "Dower." Columbia Electronic Encyclopedia, 6th Edition (October 2009): 1. Academic Search Complete, EBSCOhost (accessed January 27, 2010).

(4) George L. Haskins, "The Development of Common Law." Harvard Law Review 62, no. 1 (November 1948): 42-55. Academic Search Complete, EBSCOhost (accessed January 27, 2010).

(5) Ibid.