🔹 Intro
A common question from clients in Alberta real estate transactions is:
“Why do I need my spouse to sign something when they are not on title?”
🔹 Section 1 — What is Dower?
Under Alberta’s Dower Act, a married person’s spouse may have rights to the family home, even if they are not registered on title.
This means:
- A property cannot be sold or mortgaged without the non-title spouse’s consent, if it is a family home
The spouse may have a legal right to occupy the propertyences.
🔹 Section 2 — Why is a Dower Consent required?
If the property is considered a homestead (i.e., a place where the married couple lives or has lived), the law requires:
- The non-title spouse to sign a Dower Consent, or
- A Dower Affidavit confirming the property is not a homestead.
Without this, the transaction may be delayed or unable to complete
🔹 Section 3 — When will this come up?
Clients are often surprised in situations such as:
- The owner is legally married
- Only one spouse is on title
- The property is (or was) the family home
🔹 Section 4 — How to explain this to clients
A simple way to explain:
“Even if your spouse is not on title, Alberta law protects their right to the family home—so their consent is required.”
🔹 Key Takeaway
Dower is not about ownership—it is about spousal protection rights.
This is a common requirement and can be easily handled with the proper documents.
Disclaimer
This article is for general informational purposes only and does not constitute legal advice. Reading this article does not create a solicitor-client relationship. Legal outcomes depend on specific facts and applicable law.
Author: Mara Li