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.
Why This Is the Correct Answer
Dower rights attach only to the homestead of a married person. If a corporation owns the property, or the property is not where the married owner lives, there is no homestead and spousal consent under the Act is not required.
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