Is There a Dower Release (of the current spouse) on Title?
When you pull the title of the property that the disposition (sale / refinance/ etc) involves, check to see if there is a dower release registered. The registration will specifically be labeled as a dower release.
Need a Dower Release?
Have you used the E-Tool so far and realized that you may be better off with a dower release? Having one means that you do not need your spouse to consent to any disposition of land for which you have a release. Note: a dower release can be with drawn by your spouse. Call us, if you want one drafted.
How a Dower Release Works
Dower releases are registered on title with the Alberta land titles office. It normally only takes our office a day to draft one for you. Once drafted, the it is sent to land titles. The land titles registration time varies. Generally it is between 3 days and a week.
How to Find out if A Dower Release is Registered On Title
If you pull a copy of title to the subject property, you will see a list of registrations after the name of the owner. The registration will be be clearly labeled as a dower release. It will also say the date that it was registered and which spouse (when someone is married several times) it is for. It is important to check to make sure the release is for teh current spouse.
Removing a Dower Release From Title
A dower release can be withdrawn. When it is withdrawn, it is removed from title and is no longer effective. Dower releases are also removed from title with a disposition of the property. Once a property is sold or transferred to a new owner or transferred so that there is an extra owner, the Alberta Land Titles office should automatically remove the dower release.
Calgary Lawyers Help with Dower Issues: Dower Release
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.