Dower Rights Do Apply: You Will Need a Dower Consent!
Dower rights do apply. You will be required to get the consent of your spouse to dispose of the property in any way. This is called a Dower Consent. (Click here is you landed on this page in error and want to use the E-Tool to determine if dower rights apply)
Which Documents Need Dower Consent
Any document that is a disposition of land requires dower consent. This means that the listing contract (as it as a clause that allows commissions to be secured by caveat against title), the purchase contract, mortgage commitment that secures fees and the actual transfer of land or mortgage need to have a dower consent. Without it, their may be an issue with binding tot he property and if there is a breach, it may result a law suit.
What is a Disposition of Land Under the Dower Act?
Under the Dower Act, a disposition is:
- means a disposition by act inter vivos that is required to be executed by the
Dower Consent Needed
owner of the land disposed of, and includes:
- a transfer, agreement for sale, lease for more than 3 years or any other instrument intended to convey or transfer an interest in land;
- a mortgage or encumbrance intended to charge land with the payment of a sumof money, and required to be executed by the owner of the land mortgaged or encumbered;
- a devise or other disposition made by will; and
- a mortgage by deposit of certificate of title or other mortgage that does not require the execution of a document.
What If We Dispose of Dower Rights in a Separation Agreement?
If you have a properly executed separation agreement that releases one another’s dower rights, you still need a dower consent or dower release.
What If You are Going Through a Separation or Divorce and Dower Rights Apply
If you are going through a divorce or separation and dower rights apply, it is very important to get in touch with a family law or divorce lawyer. It is also important not to enter a contract that will obligate you to dispose of your interest in the property until any dower rights issues are resolved. If you do, you may breach that contract and get sued.
If There is No Issue With Your Spouse Consenting to a Disposition of Land
For many families, the married couple’s home is put into only one spouses name for many reasons. Workplace or professional liability reasons and the ability to qualify for a mortgage are the two most common. If this is the case, the both people can attend at the lawyers office. When a dower consent is signed off on, the spouse who is on title must leave the room so that they person consenting is free to make their decision to consent or not without pressure.
Calgary Legal Help with Dower Consent
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.