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What are dower rights?
Dower rights arise out of an Alberta provincial statute called the Dower Act which defines the right of a spouse to continue to live in the matrimonial home during his or her lifetime. The purpose of dower rights is to prevent a spouse from selling the matrimonial home (or homestead in the case of a farming couple) without the consent of the spouse. Dower rights do not arise except with a spouse. When a married person disposes of a homestead, the Dower Act requires the consent of the spouse in writing or else the vendor must state on the transfer of land document that he or she is not married or that the spouses have not lived on the land since the date of the marriage. If a spouse wants to consent to the sale of the property, he or she must sign an acknowledgment to that effect before a Commissioner for Oaths (or Notary Public if sworn outside of Alberta) and must be given legal advice about dower rights separate and apart from the other spouse.
March 2000
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