curtesy

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Curtesy is an outdated term that refers to the portion of an estate a husband is entitled to upon the passing of their spouse. If a person passes intestate, the surviving husband would be entitled normally to a life-estate to all of their spouse’s estate only if they had a child together while married. In contrast, dower refers to the rights of a wife if her spouse dies, and dower normally gives the wife a life-estate to one-third of her husband’s estate no matter what. Both dower and curtesy are now replaced with equal treatment for every gender regarding what an individual is entitled to upon the passing of their spouse.

See also: Dower and Curtesy

[Last updated in July of 2021 by the Wex Definitions Team]