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Dower rights are one of the most misunderstood aspects of real estate law. In Alberta, if a person is married and only one of those married people are registered on title (with no other person) and either of the married people lived int he home since the time of their marriage, dower rights apply. You need each of those components. People who are common law do not have dower rights. it is only legally married people which includes people who have been separated for a long time or are "legally separated" but are not divorced/widowed. If dower rights apply, the spouse who is not on title must consent to any transfer of interest in the property (most often selling it or mortgaging it).
The Kahane Law Legal Minute is brought to you by Jeff Kahane of Kahane Law in Calgary, Canada.
WARNING: This presentation is for LEGAL INFORMATION ONLY. Laws will vary by jurisdiction. They also may change by legislation or court ruling. Each situation is different and no one rule applies to every situation so it is IMPORTANT for you to contact a lawyer to get legal advice specific to your situation.
