Montana Attorney General Opinion 17-153

Opinion No. 153. State Lands--Certificates of Pur- chase-Dower Rights- Assignments. HELD: The wife of a purchaser of state lands has a dower right in such lands and her signature to an assign- ment of the certificate of purchase is necessary in order to transfer all rights therein to the assignee. September 9, 1937. Hon. Nanita B. Sherlock Commissioner of State Lands and Investments The Capitol Dear Mrs. Sherlock: You have submitted the question whether it is necessary for the wife to join with her husband in an assignment of the certificate of purchase of state lands, in order to transfer all rights to the same. A certificate to purchase is a con- tract to purchase real estate. A con- tract to purchase real estate establishes an equitable estate in purchaser. Sec- tion 5813, R. C. M., 1935, provides in part: "* * * Equitable estates shall be subject to the widow's dower, and all OPINIONS OF THE ATTORNEY GENERAL 175 real estate of every description, con- tracted for by the husband during his lifetime, the title to which may be completed after his decease." It is therefore my opinion that a wife has <lower right in the lands covered by a certificate of purchase and that her signature is necessary in order to trans- fer all rights therein to the assignee.