stribution of the money or effects on hand. [Sec.3643.]

[Sidenote: Share of husband or wife.]

[Sidenote: Dower and curtesy.]

One-third in value of all the legal or equitable estates in real
property, possessed by the husband at any time during the marriage,
which have not been sold on execution or other judicial sale, and to
which the wife has made no relinquishment of her right, shall be set
apart as her property in fee-simple, if she survive him. The same share
of the real estate of a deceased wife shall be set apart to the
surviving husband. All provisions made in this chapter in regard to the
widow of a deceased husband, shall be applicable to the surviving
husband of a deceased wife. The estates of dower and curtesy are hereby
abolished. [Sec.3644] While the estate of dower is abolished by statute,
and a wife takes her distributive share of the property in its stead,
yet this distributive share is still commonly designated by the term
"dower." The dower interest of the wife is not subject to the debts of
her husband. A wife may release her right of dower in real property by
joining in a joint deed with her husband, although the deed may contain
no express relinquishment of dower. Contracts between husband and wife,
though for a legal and valuable consideration, or with a view to
separation are invalid, the interest of either during the lifetime of
both, being merely contingent and inchoate, but an agreement previous to
marriage by which each waives all right in the other's estate, or by
which the wife relinquishes her right of dower, is valid. A woman can
claim no dower in her husband's estate, after his death, if she has
procured a divorce from him while living and the divorce is in force at
the time of his death. Where the provisions of a will gives the wife a
certain interest in the estate, she may always elect whether she will
take her dower interest or under the will.

[Sidenote: Homestead.]

The distributive share of the widow shall be so set off as to include
the ordinary dwelling-house given by law to the homestead, or so much
thereof as will be equal to the share allotted to her by the last
section, unless she prefers a different arrangement. But no different
arrangement shall be permitted where it would have the effect of
prejudicing the rights of creditors. [Sec.3645.] If the distributive share
of either husband or wife is set out to the survivor from the homestead,
it will still retain its homes