Effect of Foreign Divorce upon Dower and Similar Property Interests

Abstract

Before inquiring as to the effect upon dower rights of a foreign divorce, it is necessary to consider the effect of a local decree. At the common law the general rule was that a divorce a vinculo terminated all dower rights of the wife in any and all property of the husband, whether acquired prior to or after the decree. The same rule prevailed as to the husband's estate by curtesy. As to such interests, the parties were in exactly the same position that they had been prior to the marriage. It was otherwise, however, with respect to a divorce a mensa et thoro, unless the decree contained express provisions affecting or altering such interests.