What You Need to Know Before Selling Your Home
Are you planning to sell your home in Alberta? Is the title solely in your name? Have you or your spouse lived in the property since your marriage? If the answers are yes, understanding the implications of dower rights is crucial before listing or transferring the property.
What Are Dower Rights?
In Alberta, dower rights refer to the legal rights a spouse has to the family home. These rights are in place to protect the non-owning spouse from being forced out of the home, and they apply even if the property is solely in one spouse’s name.
If you’re selling a property in Alberta that you or your spouse have lived in since your marriage, the dower rights in Alberta could affect your ability to sell the home. Even if your spouse’s name isn’t on the title, spousal consent is required to sell or transfer ownership of the property.
Do You Need Your Spouse’s Consent to Sell the Home?
Yes. If you or your spouse have lived in the property since your marriage, spousal consent is legally required to proceed with the sale of the home. This means that your spouse must sign certain forms to give their approval for the sale or transfer of the property. Without this consent, you will be unable to list the property or complete the transaction.
How to Ensure Proper Dower Forms Are Signed when listing your property?
To comply with dower rights in Alberta, you will need to have your spouse sign the appropriate Dower Consent and Acknowledgement Forms with a real estate lawyer . These forms are provided by the Alberta Real Estate Association (AREA) and is essential prior to listing your property for sale.
At Pactum Law, we can help you navigate the process by ensuring that all necessary dower release and consent forms are signed, allowing you to move forward with the sale of your home without complications.
Other Options: Registering a Release of Dower Rights on Title
If you frequently sell or transfer properties and don’t want to go through the process of obtaining spousal consent every time, there’s a potential solution: registering a dower release on title. This release allows you to remove the need for spousal consent on future transactions, which can save you time and effort in the future.
Why You Need a Lawyer
Navigating dower rights and ensuring that all legal forms are signed correctly can be complicated. That’s where we come in. At Pactum Law, we specialize in real estate law and can provide legal assistance to ensure that your spousal consent and dower release forms are in order. This will ensure a smooth and legally compliant transaction when selling or transferring your home.
Contact Pactum Law Today
If you’re selling your home and have questions about dower rights, spousal consent, or how to handle the legal aspects of the sale, contact a lawyer at Pactum Law. We can help you with the required forms, explain your options, and make sure you’re fully informed throughout the process.
