Alberta Law Reform Institute Recommends reforming the Dower Act

The Alberta Law Reform Institute (ALRI) is recommending replacing the Dower Act with new legislation. The Dower Act protects a spouse if the couple’s home is solely owned by the other spouse. It has two features that prevent a non-owner spouse from losing their home unexpectedly:

1. Consent to disposition: The owner cannot sell, lease, mortgage, or otherwise transfer the homestead without the non-owner’s consent.
2. Life estate: After the owner’s death, the non-owner can keep the homestead for the rest of their lifetime.

ALRI sought input from stakeholders throughout this project. ALRI consulted with lawyers, real estate agents and brokers, estate and financial planners, land and energy professionals, and the general public. After extensive research and consultation, ALRI has concluded that the protection in the Dower Act is still necessary and should continue but that there are many problems with the Dower Act in its current form.
Some of ALRI’s recommendations are:

• New legislation should provide the same rights to spouse and adult interdependent partners.
• There should be time limits so protections would not apply indefinitely to a former home. The time limits would provide a transition period after a move or separation. At the end of the transition period, protections would no longer apply to a former home.
• New legislation should apply to mobile homes.

This report also recommends changes to reduce administrative burdens, increase efficiency, and strengthen protections. There are also recommendations that would clarify obligations and the rights of third parties.

See the full report at ALRI's website.