The Dower Act protects a spouse if the couple’s home is owned by the other spouse. It also applies to a “homestead” which is a parcel of land where the owner lives or has lived. While the law still functions as intended, it has not been updated for over 70 years and is becoming outdated.
ALRI is reviewing several issues including the exclusion of Adult Interdependent Partners (common-law partners) as well as outdated and unclear language and has published two Reports for Discussion that can be found in our Publications section of our website or on CanLii.
- Dower Act: Consent to Disposition, Report for Discussion 36 examines the parts of the Dower Act related to a spouse’s right to prevent a “disposition” of the homestead by withholding consent to any sale, lease, mortgage, or other transfer of a homestead.
- Dower Act: Life Estate, Report for Discussion 37 examines the parts of the Dower Act that give a spouse a “life estate” after the homeowner dies. A life estate means the surviving spouse may keep the home for their lifetime.
ALRI is consulting on these two issues and needs your feedback on the proposed policy options.