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Definition Curtesy - a husband’s common law right to inherit from his wife.

Application in Divorce Under common law, spouses retain the rights to inherit each other’s property. This can be a problem when a spouse dies during a divorce before it is finalized, and some divorcing partners include in the separation agreement a waiver to inheritance. Dower, which applies to a wife, is also similarly treated.

This issue is very complex and preventing a spouse from retaining the rights to the property can be difficult. For this reason it is not uncommon for spouses to attempt to stall or prolong the divorce process, if he or she is aware of his or her spouse is seriously ill.

See also Dower.

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