What are Dower Rights?
In Alberta, Dower Rights protect a married spouse’s interest in the family home—even if not on title. Consent is required to sell or mortgage the property.
What Is the Dower Right in Alberta?
The Dower Right is a historic legal concept that still applies today in Alberta.
It refers to the rights of a married person to occupy the family home or use its contents — even if they are not the legal owner of the property.
Key Facts About Dower Rights
- Under Alberta’s Dower Act, neither spouse can sell or mortgage a property that is legally owned by one spouse without the written consent of the other
- Dower rights apply only to married couples — not to common-law partners
- Dower rights remain in effect during legal separation but end upon divorce
- If one spouse has Dower rights, their written consent is legally required before a transaction involving the family home can proceed
Why Does This Exist?
The original purpose of Dower Rights, first established under English law during Confederation, was to protect a wife and children from losing their home if the husband passed away. Today, these protections extend to both spouses, but they have been abolished in many other provinces.
In Alberta, however, Dower Rights remain in force and are a critical legal consideration when selling a home that is owned by only one spouse.
Note: If you’re preparing to sell your home and only one spouse is on title, be sure to discuss Dower Rights with your lawyer or contact Bōde for guidance.
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