Evening star. [volume] (Washington, D.C.) 1854-1972, 1957-11-01

neyS ana title experts predict.
They are not unanimous
1924 after 1t becomes effect,
In agreement on these points:
/. Married women. who have
been able to do as they please
with property in their own
names, now will have to get
their husbands signatures on
all legal papers affecting the
property, whether it is a deed.
deed Of trust, lease or collateral
loan agreement.
2. Married men will have to
get their wives signatures on
similar papers relating to prop
erty held in their names, but
this has been required by the
existing statute to recognize the
wife's dover interest.
8. In place of the widows
lifetime dover interest in her
husbands estate or the widow
er's lifetime interest (curtesy)
in his wife's estate, a survivor
will receive a so-called "intes-
tate share" in all real prop
erty owned by the other spouse
during "coverture" (marriage) :.
Banks Deeply Concerned
BY Effect on Policies
Washington bankers have
expressed deep concern over
the coming changes because of
their possible effect on loan
collateral. trust department
policies and other matters. but
attorneys and title experts will
carry the major burden of ex-
ploring intricacies of the new
law.
The biggest problems will
come in large estates, especially
where wives have their own
real estate holdings. and in
some cases have separated
from their husbands.
In such cases, husbands
signatures which previously
have been unnecessary will be-
come extremely important.
Settlements may become i'm
perative.
There have been suggestions
that in the future, a prenuptial
agreement would be one way
to avoid difficulties under the
new law. But a title official
expressed doubt that such an
agreement would be satisfac-
tory because of a number Of
recent cases in which courts
have leaned over backwards"
to void such agreements.
Most experts objected to a
recent wisecrack that Come
November 20. there are going
to be a lot of new millionaire
husbands around here" That
seems to be an oversimplifica-
ton, and maybe an understate-
ment of the actual results from
the new law, they said.
Share Believed Larger
Than Life Time Interest
It seems clear that the new
"intestate share" in an estate
Is much greater than the life
time interest previously allowed
the surviving spouse.
Under the new law, a surviv-
ing spouse may renounce an
unfavorable will and demand a
"distributive share" from the
others estate at the time of
death. This amounts to one
third where there are children
and one-half otherwise. A lead
ing attorney outlines the situa-
ton this way:
II think it is reasonably clear
that under the law as enacted
a uniform succession of real
and personal property has been
provided and curtesy and
dover as previously existing
have been abolished.
1T is equally clear that un-
der the new law neither hus-
band nor wife during coverture
(marriage) can convey his or
her real estate free of the
newly created intestate share
of the other spouse without the
joinder (signature) Of the
other spouse" he writes. "A
married person will not be able
to grant good fee simple title
to his or her real property I'M
less the other spouse joins in
the deed.
Applies to All Property
Owned During Marriage
The intestate share granted
by the new law to husbands
and wives in the real estate of
the other spouse is not limited
to lands owned at the time of
death. The law provides ex-
pressly that it attaches to all
real property owned by hus-
band or wife during coverture
(marriage). be states.
Therefore, I think that this
right is superior to the claims
of the husbands or the wife's
creditors which arise after the
right has attached upon the
concurrence of marriage and
ownership during marriage. So,