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Real Property LawABMEDIUM

When does the Dower Act NOT apply to an Alberta property transaction?

Correct Answer

B) When the property is corporately owned or is not the owner's homestead

The Dower Act protects the homestead of a married person: a married owner may not dispose of it without the spouse's written consent or a court order dispensing with consent (s. 2(1)). A homestead is a parcel with the dwelling the owner occupies as their residence (s. 1(d)). Property owned by a corporation, or property that is not the owner's homestead, is outside the Act.

Answer Options
A
When the property is the owner's primary residence, since the Act protects only investment land
B
When the property is corporately owned or is not the owner's homestead
C
When the property value exceeds $500,000, the Act's limit for protected homes
D
When the property was purchased before the marriage, since it is not marital property

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Key Terms

Dower Acthomesteadspousal consentmarried personcorporate ownership
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