A marriage contract binds the spouses with many rights. A dower right is one of them. It empowers a spouse to prevent the sale, lease, or dissolution of a piece of real estate owned by the other spouse. Despite being protective in purpose, the Dower Rights in Alberta can feel quite confusing due to inherent complexities.
So when navigating your dower right, you need to step cautiously. A minor mistake is a chance for the other party to commit fraud, causing you to lose your home. It’s best to consult a lawyer in the first place and establish a solid stance before taking further actions. And becoming a bit knowledgeable on that subject matter will help you from the start to the end of your journey.
So, What are Dower Rights in Alberta?
After marriage, both spouses get the right to express and practice their opinions and intentions regarding properties they share, regardless of their ownership. They can intervene in any transactions of such properties if attempted against their consent and will.
The legislation that introduced the right is called the Dower Act, where the non-owning spouse is referred to as the dower spouse.
What is a Homestead?
To understand the Dower Act without losing your mind, understanding the definition of homestead on that account is essential. As you are to encounter the term a lot in lawyers, courts, and related legislation. A homestead, in its simplest idea, is the property that you’ve got during marriage, say a matrimonial home. Or any other real estate that your spouse owns, but you have been living in for a while.
When we talk about the Dower right, what we actually talk about is your right to the homestead.
Now, there is a catch. The Canadian Law only recognizes a piece of land as a homestead if it’s either:
- Located in a city and doesn’t have more than four adjoining lots in a single block, or
- Located in a rural area and doesn’t extend more than 160 acres
How to Comply with the Dower Act to Stay Safe?
To put in the best fight and ensure the expected results from your dower appeal, you have to be strategic. When getting consent from the dower spouse is the only safe road to advance on, you must stick to the general procedure in doing so.
Consider:
Reaching an Agreement
Whenever the need for selling or disposing of a homestead arises, your first task at hand should be to get an agreement from your spouse. It can be a written submittable or an in-person statement to the commissioner.
Filing all the Required Documents
In the face of a dower allegation, any measure of transparency will play in your favour. One good way to acquire transparency is to ensure that you have all the documents signed and filed, and in your possession to provide to the court. This includes:
- Valid statement of consent
- Affidavit for complex claim
- Dower right release paper
Minding Every Step
Any action taken, ignoring the consequences, will surely end up in regret. Nuptial rights are potentially dangerous in kind. Miss a gap, and you are under six feet of ground, losing property to your spouse’s hand.
Hiring a Professional Lawyer
Don’t feel reluctant to hire a lawyer. They all have reputations to protect, and so do their best to bring you a result. The initial cost that seems like an extra expense at first will save you a few times more later.
You may take it as a bonus, but your presence in the court and attitude in dealing with charges will be confident. And the chance of winning? You get your best shot.
What are the Challenges While Complying with the Dower Act?
The Dower Act, since its first introduction in 1917, has undergone several modifications. Still, it’s one of the vaguest and murkiest sets of obligations, lacking detailed instructions on property transactions, applications, documentations, and procedures.
This result is a legal pitfall that spouses often fall into, despite having good intentions. Here are a few common challenges often raised in complaints:
- The requirement for the non-owning partner to state their confirmation to the commissioner by appearing physically or through a notary of signing, which may not always be possible
- No formal guidelines, describing the steps and concussions for failing to comply
- No specific time indications for submissions and approvals, triggering delays
- The possibility of dispute, and a lack of measures for resolving
- Strict penalties, including the loss equivalent to half the property value
What are the Penalties for Infringing the Dower Act? Affects on Finance and Assets
Now, whether you are the dower spouse or the actual owner of the property, you need to know what follows a noncompliance report. For the dower spouse, it will clarify their claim in the matter. And for the owner, it should ring a warning bell.
Transaction Cancellation
Once the court is pleased with the validity of a claim and proof of infringement, it can declare a sale or lease contract invalid. The money transacted between the parties will need a reswitch, and the right of property will be restored.
Fines and Penalties
The law is strict and unwavering in punishing a spouse who deals with the dower right casually. In Canada, an unconsented property sale may lead a spouse to pay up to $1000 in fines or face up to 2 years of imprisonment.
Consoling Compensations
The dower spouse will receive, by law, even without a request, an amount equivalent to half the price of the property. In addition, the right to the property won’t be taken away. So, it’s more like a double-edged sword for the owning spouse, and obviously an unnecessary one to unsheathe.
A Lighter Bank Account
Being complicated, the Dower Act is lengthy to navigate. It may take months to mitigate a simple dispute. The commissioners often show reluctance in getting involved with such cases, largely due to the hazy nature of the related laws. It results in high expense, involving paying the lawyer for an extended period and other litigation costs.
How Does the Dower Right Affect Divorce?
Does a divorce nullify a dower right in Alberta? The answer is, Yes. This is a question often raised when dealing with a spouse’s property.
When a marriage dissolves, it also dissolves all your rights to your former spouse’s assets. You may have your share of alimony and other arrangements the law approves. But it doesn’t include the dower right.
Wrapping Up
The dower right can be beneficial, imposing your claim to your spouse’s property, even when you don’t have legitimate ownership. So no one can draw you out of your place by selling the property you are living in after the marriage, if it is owned by your spouse. And for the owning partner, there are multiple levels of stakes in malpractice, including fines, penalties, and jail time, applicable for noncompliance. The complex model of the Dower Act may feel overwhelming sometimes. That’s why you need a professional lawyer by your side.
FAQs About Dower Rights in Alberta
Who Can Sign A Dower Consent Form?
A dower consent must come from the non-owning spouse. It must be a written document signed by the dower spouse, taken without force, and in front of a commissioner. If the circumstances do not permit a physical appearance, a legal trustee can assume the responsibility.
How To Get Around Dower Rights?
A simple statement of consent, signed by your non-owning partner, suffices. The other way around involves A court order releasing the need for consent An affidavit proving the property is not a homestead The marriage dissolution certificate, nullifying the dower right
What Does It Mean To Be Entitled To Dower?
A dower entitlement is when a spouse can stop or intervene in property transactions owned by their spouse. It’s a kind of legal authority, given to them by the Canadian Law, to ensure a safe and reliable habitat.
Who Lives In A Dower?
A dower refers to the right that comes with a marriage contract. It allows you to have an abstract ownership of the parcel of land your spouse owns, known as a homestead. It can be the matrimonial home you got as a nuptial gift, or the house you are living in with your partner. The right ensures you have a place to live even after the death of your spouse.
