A Statutory Estate is created by law.
•Estates vary from state to state
•There are no statutory estates in Georgia
Examples of Statutory Estates:
•Dower – a wife's rights in her husband's real estate
•Curtesy – a husband's right in his wife's real estate
•Community property – each spouse gains ½ interest in marital property
•None of these statutory estates apply in Georgia
Dower and curtesy rights are common. They are law in Virginia for example. Community property is law in California and other western states.
Dower is the wife's right in the husband's real estate even if she is not a party to the deed.
Curtesy is the husband's right to his wife's real estate even if he is not a party to the deed.
Marital property is property gained during the marriage except for inherited property. Property acquired before the marriage is not community property.