dower rights do not apply; alberta law

You Can Stop Here! Either Dower Rights Do Not Apply and/or You Do Not Need to Do Anything Further.

See below for why dower rights do not apply and what they need to do to complete the disposition of the property contemplated. (Click here if you landed on this page in error and want to use the E-Tool to determine if dower rights apply)

No Dower Rights if there was more than one person on title

Since there is more than one person on title, nothing further needs to happen with respect to dower rights. They can all sign the required documents needed for the disposition being considered.

Note: This only applies if the people on title are joint tenants. If the people on title are tenants in common, dower rights still apply!

If There Was One Person on Title But That Person Was Not Married

If the only person on title is not married then, on a disposition of property, they will have to swear a dower affidavit. The dower affidavit affirms that the person is not married. Nothing more is required for the disposition to move forward.

Neither Person Lived in the Property

If neither of the two people lived in the property since the time of their marriage, then dower rights do not apply. The person on title then swears an affidavit stating that neither they or their spouse have lived on the property since the time of their marriage.

There is a Dower Release on Title

If there is a dower release on title, then no further action is required other than an affidavit. In this case a dower affidavit is needed. This affidavit will state that the person on title is married to their spouse (their name will be stated) and that there is a dower release registered on title as (the registration number will be stated).

NOTE: A dower release can be withdrawn/discharged. The dower release must be registered on the title of the specific property contemplated in the disposition at the time the disposition is registered by the Alberta land titles office.

Dower Act Elections

If there are two properties that dower rights apply to, the spouse with the dower rights, must make an election as to which property is protected by the dower rights. If that spouse elects another property, then the property to which the disposition is going to be made does not attract dower rights.

More Information on Dower Law From our Lawyers in Calgary

Please click here to watch our video on dower rights. You can also click here to run through our dower rights E-Tool to see how you need to deal with dower rights in your specific situation. You can also contact us for help with dower issues. Please call our Calgary real estate lawyers at 403-225-8810 (or toll-free at 1-877-225-8817) or email us directly here.