Dower Rights in Alberta: What You Need to Know

Dower Rights in Alberta: What You Need to Know

Dower rights are a little-known piece of Alberta law that can have a big impact on your life. If you're married, or in a common-law relationship, it's important to understand what dower rights are and how they work. In this blog post, we'll explain everything you need to know about dower rights in Alberta. We'll cover what they are, how they're enforced, and what you can do if someone tries to claim them against you.

What Are Dower Rights

Dower rights are a set of legal protections that give spouses a financial interest in their partner's property. They're meant to provide economic security in the event that the marriage ends, either through divorce or death. In Alberta, dower rights are governed by the Dower Act. Under this Act, each spouse has a right to one-third of the value of the property that was acquired during the marriage.

Dower rights are typically claimed when one spouse dies and the other spouse remarries. If the new husband tries to sell the property, the widow can claim dower rights and stop the sale. In order to do this, she must file a notice of dower with the court.

How Are Dower Rights Enforced

If one spouse tries to sell a property without the other spouse's consent, the court can step in and stop the sale. In order to do this, the non-consenting spouse must file a dower claim with the court. Once the claim is filed, the court will appoint a trustee to oversee the sale of the property. The proceeds from the sale will be divided between the two spouses, with each spouse receiving one-third of the value of the property.

What Can You Do if Someone Tries to Claim Dower Rights Against You

If you're trying to sell a property and someone tries to claim dower rights against you, there are a few things you can do. First, you can try to reach an agreement with the other spouse. If you can't come to an agreement, you can file a dower counterclaim with the court. This will allow the court to decide how to proceed with the sale of the property.

Dower rights can be a complex and confusing topic. If you have any questions about your rights or obligations, it's important to speak to a qualified lawyer. They can help you understand your rights and ensure that they're protected.

Do you have any questions about dower rights in Alberta? Contact us today and we'll be happy to answer them!

Post a Comment