MI Addendum to Mortgage-Homestead and Dower Waiver (Cx7786) is provided upon request to clients who wish to have the spouses of borrowers waive their dower and homestead rights, as set forth in Mich. Comp. Laws Ann. §§ 558.4 & 600.6023.
Governor Rick Snyder (R-MI) recently signed into law 2015 Mich. Sen. Bill No 558, which adds the following section to Chapter 558 of Michigan’s Compiled Laws:
“(1) Notwithstanding Sections 1 to 29, and except as otherwise provided in Subsection (2), a wife’s dower right is abolished and unenforceable either through statute or at common law.
(2) This section does not apply to either of the following:
(A) A widow’s dower elected by a woman whose husband died before the effective date of the amendatory act that added this section.
(B) If a widow’s husband died before the effective date of the amendatory act that added this section, the widow’s right to elect dower under Section 2202 of the Estates and Protected Individuals Code, 1998 PA 386, MCL 700.2202.” (Mich. Comp. Laws Ann. § 558.30)
When this law takes effect on April 5, 2017, a wife’s dower rights will be obsolete, except in certain cases where the husband is already deceased. As such, it is no longer necessary to have spouses of borrowers waive a right they no longer have.
However, we will continue to provide this document upon request, for spouses to waive their homestead rights. All references within the document to dower rights will be removed.
This change will take effect on April 5, 2017. If you have any questions or concerns about these changes, please contact Client Support at 1.800.497.3584.