History
Dower, as the word indicates, is an old concept. In Alberta the historic Dower Act was introduced in 1917 and is still in place today (Dower Act, Revised Statutes of Alberta 2000, Chapter D-15).
It stems from a time when women needed protection. Women typically did not have assets, but their husbands did. Women typically did work a paid job, but their husbands did. And lastly, women typically did not own their homes, but their husbands did.
But what happened to those women when their husbands died? Who would inherit the family home – the surviving woman or the male cousin, nephew or son? Traditionally later one would receive the home.
To protect women, the Dower Act introduced the concept of a life estate. This life estate does not make the surviving woman an owner but simply grants them the right to live in the family home (so called “homestead”) until their death.
Consequences
The Dower Act grants an interest (the “life estate”) in the homestead, the real estate either spouse resided on since marriage. This right already comes into existence when a couple is married, one partner owns a real property with a house by themselves, and either or both partners have lived on this property since marriage. This property is called a homestead and for ease of understanding we will refer to it as the family home (for a detailed definition please consult the Dower Act).
Any disposition of the family home touches this right of a life estate. This has a straightforward consequence: The spouse who has a life estate needs to agree to any disposition of the family home. Hence, they need to agree to, e.g.:
- Any sale of the family home;
- Any mortgage that gets registered on the family home; or
- Any transfer of the property, even if the transfer makes them a co-owner.
You will be asked in more or less any real estate transaction whether you are married because the Dower Act may apply.
What about the husband? And the husband’s husband?
Although Dower was originally intended to protect women, it now protects any married person independent on gender. Hence, the protection also applies to men, simply to any married person.
What about Common-Law?
Common-law partners are not included in the Dower Act. Therefore, this protection will not apply if you are not married.
At Realty One Legal we provide you with the advice you need. Are you wondering if Dower applies in your situation? Do you need to have a lawyer witness a Release of Dower Rights? Are you unsure whether you need a lawyer, but you have been asked to sign a document that includes “Dower”. Don’t hesitate to reach out, our team is dedicated to providing guidance and advice and we are always happy to help.
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