Ohio is one of the few states to still have "dower rights" wherein a spouse has rights to real estate even if they didn't help to buy it. I just found an article about the little-known law in Ohio that says those dower rights can be overridden in the case of adultery where the partner is living with the adultery partner. You never know, it might help someone to know this:

http://www.sourceoftitle.com/blog_node.aspx?uniq=767

This is very interesting to me! I have been a Title Agent in Ohio for a dozen years and have never seen this statute.

I think the main concern isn't whether or not the statute is enforceable, as much as whether or not a title insurance underwriter will issue insurance in cases where the statute is presented. What they will, or will not, insure is up to them. My underwriter is very risk-aversive. I can't see this statute being insured through with them. When there is a spouse who refuses to sign off on their dower rights, they normally require a judge to issue a partition ruling, which removes the 'bad' spouse's dower rights. I have seen partition rulings in cases where the erring spouse is in prison and refuses to release their dower to keep their spouse from getting on with their life.

I'm glad you brought it up, though. I am not at work this week, but I'll call my underwriter next week and get their thoughts on it. I'll report back on what they say.