2011 Ohio Revised Code
Title [21] XXI COURTS - PROBATE - JUVENILE
Chapter 2111: GUARDIANS; CONSERVATORSHIPS
2111.21 [Effective Until1/13/2012] Sale, compromise, adjustment, or mortgage of dower.

The guardian of a ward who has or is claimed to have a right of dower, or a contingent right to it, in lands or tenements of which the spouse of such ward was or is seized as an estate of inheritance, where the dower has not been assigned, may sell, compromise, or adjust such dower or may release such contingent right of dower in the event the spouse of such ward desires to mortgage such property upon such terms as such guardian deems for the interest of such ward and upon such terms as the probate court of the county in which the guardian was appointed approves, or if such guardian was appointed in a foreign state, upon such terms as the probate court of the county wherein the land is situated approves. After such approval, the guardian may execute and deliver all the necessary deeds, mortgages, releases, and agreements for the sale, compromise, assignment, or mortgage of such dower or contingent right to dower. As a basis for computing the value of an inchoate dower right in any sale, compromise, or adjustment pursuant to this section, the value of the lands or tenements may be considered to be the sale price or, if there is no sale, the appraised value. Such sale, compromise, adjustment, or mortgage may be made upon application and entry in the pending proceedings.

Effective Date: 10-01-1953

This section is set out twice. See also § 2111.21, as amended by 129th General Assembly File No. 52, SB 124, § 1, eff. 1/13/2012.

2111.21 [Effective1/13/2012] Sale, compromise, adjustment, or mortgage of dower

The guardian of a ward who has or is claimed to have a right of dower, or a contingent right to it, in real property of which the spouse of the ward was or is seized as an estate of inheritance, if the dower has not been assigned, may sell, compromise, or adjust the dower or may release the contingent right of dower in the event the spouse of the ward desires to mortgage the property upon the terms that the guardian considers for the interest of the ward and upon the terms that the probate court of the county in which the guardian was appointed approves, or if the guardian was appointed to a foreign state, upon the terms that the probate court of the county in which the real property is situated approves. After the approval, the guardian may execute and deliver all the necessary deeds, mortgages, releases, and agreements for the sale, compromise, assignment, or mortgage of the dower or contingent right to dower. As a basis for computing the value of an inchoate dower right in any sale, compromise, or adjustment pursuant to this section, the value of the real property may be considered to be the sale price or, if there is no sale, the appraised value. The sale, compromise, adjustment, or mortgage may be made upon application and entry in the pending proceedings.

Amended by 129th General Assembly File No. 52, SB 124, § 1, eff. 1/13/2012.

Effective Date: 10-01-1953

This section is set out twice. See also § 2111.21, effective until 1/13/2012.