What is curtesy in property law?

Curtesy refers to a legal right that grants a husband the right to a life estate in his deceased wife’s property, provided that certain conditions are met. In most traditional contexts, this right activates upon the death of the wife, and the husband can claim an interest in the property that she possessed during her lifetime.

The concept is rooted in historical property laws that aimed to protect a spouse's interest in property ownership, ensuring that the surviving husband has a measure of security in the event of his wife’s passing. This can involve rights to enjoy or benefit from the property, though in many jurisdictions, curtesy has been largely replaced by more modern laws such as community property or elective shares.

The other choices represent different legal rights or concepts: the first choice refers to the wife’s rights in her husband’s property, which is a different aspect of property law. Shared ownership pertains to co-ownership of property, and rights associated with leases involve different legal protections and agreements, which do not pertain to the curtesy doctrine. Thus, understanding curtesy specifically as the husband's rights in the wife's property clarifies its distinctive role in property law.