Edmonton Real Estate and ‘Dower Rights’
If you are considering selling a home in Edmonton or area, there are some important details to keep in mind. A legally married spouse cannot sell their place of residence without the consent of the other spouse. A ‘legally married’ couple includes a separated couple who is not yet legally divorced; it does not include common law relationships. It may include same-sex couples.
The ‘Dower Act’ kicks in when the seller is legally married but there is only ONE NAME on TITLE and either the seller and his/her spouse has resided in that property at any time since the marriage [even one night there is enough to trigger dower rights!].
In order for a ‘one name on title’ home to sell where the seller is legally married, the spouse not on title will have to sign a Dower Consent and Acknowledgment at the time the Listing Contract is signed, at the Time when an Offer to Purchase is in the works and when the Land Transfer is being finalized.
Obviously, one would want to consult with their Alberta Real Estate lawyer to understand their rights BEFORE signing any document!
