Posted on April 6, 2017 by - Local Michigan, Mortgage Tips

Michigan Dower Laws

Michigan’s Marital Signatory Requirements

Effective today April 6th, 2017, both spouses will no longer be required to sign documents (mortgage, rescission, Loan Estimate (LE), Closing Disclosure) unless required by Michigan’s Homestead Law. Prior to this law change, Michigan’s Laws required that female spouses sign mortgage documents to acknowledge liens place on real estate.

History of Dower Rights in Michigan

The Dower Rights in Michigan can be traced back to early 1797 ordinances. Nearly all other states have eliminated these archaic laws that are gender specific and only granted dower rights to married women without providing similar requirements for men. In modern times it creates more hassle than benefits for spouses. Even if a husband applied for a mortgage solely, the wife would still need to be placed on the mortgage and sign at the closing. The dower laws also required females to sign at the closing when their husbands sold real estate even if they were not joint owners.

Repeal of Michigan’s Dower Rights

On January 6, 2017 Governor Snyder signed Senate Bills 558 and 560 into law abolishing dower rights in the State of Michigan. These bills took effect on April 6, 2017. Moving forward married spouses will no longer be required to sign transfer and lien documents for real estate in which they do not hold title. The exception to this is the martial home which always requires joint authorization to refinance a mortgage on the real estate.

For more information visit: https://www.legislature.mi.gov/documents/2015-2016/billanalysis/senate/pdf/2015-SFA-0558-F.pdf

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