Dower Resource Page | The Group at RE/MAX First
Posted by Christopher Audette on Friday, March 26th, 2021 at 4:48pm.
Sometimes a spouse tries to get around the rights that their spouse has. Doing so can include harsh penalties. The cost is often equal to half the value of the home - Not half of the equity in the home and land but half the value of the home and land itself.
For an example of the consequences of ignoring the Dower Act, click on the button below to download the case titled JONCAS V. JONCAS 2017 ABCA 50 (Gordon & Zwaenepoel, 2017) provided by the Legal Education Society of Alberta (LESA) legal library.
Dower Summarized
While the Dower Act can at times seem complicated, it is in fact quite simple. The three questions triggering the need for Dower consent are:
- Is there only one registered owner on title? If two or more names are on the title (even if the spouse is not one of these owners), the Dower Act does not apply.
- Is the registered owner married? If not, the Dower Act does not apply.
- Has either the owner or their spouse ever lived on the property at any time, even for a single day? If not, the Dower Act does not apply.
If Dower has been triggered by answering "yes" to these three questions, explain to your clients what this means and confirm their understanding.
Note: Dower consent is required three times during a typical sale of a property: when listing the home for sale, when an offer is accepted, and when transferring title. AREA provides Dower Consent and Acknowledgment forms for the listing and purchase contracts and the lawyer will oversee Dower consent for the transfer of title as part of the closing process.