The Dower Act in Alberta: Love, Law, and Land Titles
The Dower Act in Alberta: Love, Law, and Land Titles
A Quick Hello from Jayne
Hey there, Alberta homeowners! I’m Jayne Flaig, your friendly neighbourhood mortgage broker. Over the years, I’ve helped countless clients navigate the twists and turns of buying, selling, and refinancing homes - and one question always pops up:
“What on earth is the Dower Act, and why does my spouse have to sign this?”
If you’ve ever wondered the same thing, you’re in the right place. Let’s take a lighthearted look at one of Alberta’s quirkiest real estate laws - and why it still matters for married, separated, and divorced homeowners today.
What Is the Dower Act?
The Dower Act is a uniquely Albertan law that protects a non-owning spouse (the one not on the property title) from being left out when decisions are made about the family home.
In short, if you’re legally married and own your home, your spouse has rights - even if their name isn’t on title. You can’t sell, mortgage, or transfer your home without their written, lawyer-witnessed consent. It’s all about fairness and protecting both partners.
Married? Your Spouse Has Dower Rights
If you’re legally married and live in the home together, your spouse has dower rights - which means they must:
Sign a Dower Consent, and
Confirm before a lawyer that they understand what they’re agreeing to.
No consent = no deal. Lenders and lawyers can’t complete the transaction without that signature.
Separated? Still Married in the Eyes of the Law
Even if you’ve been separated for years, the Dower Act still applies until you’re legally divorced. So yes - your estranged spouse may still need to sign if you’re selling your home, refinancing your mortgage, or changing ownership.
It might feel old-fashioned, but the law’s goal is protection - not paperwork punishment!
Divorced? You’re Free (Mostly)!
Once your divorce is finalized, Dower rights end. You’re free to refinance, sell, or transfer ownership without needing a signature from your former spouse. Still, always double-check with your lawyer or mortgage broker (hi 👋) to make sure everything’s clean and clear on the title.
Recap: Who Needs to Sign What?
Jayne’s Final Thoughts
The Dower Act might sound like something from another century - and honestly, it is - but it still plays a vital role in Alberta real estate. It’s designed to protect both partners and ensure everyone’s on the same page when it comes to the family home.
If you’re buying, selling, or refinancing in Alberta and not sure how your marital status affects your mortgage, reach out! I’ll make sure your mortgage journey stays smooth, stress-free, and maybe even a little fun. 😉