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Dower Act, Final Report 118


The Alberta Law Reform Institute (ALRI) is recommending replacing the Dower Act with new legislation. The Dower Act protects a spouse if the couple’s home is solely owned by the other spouse. It has two features that prevent a non-owner spouse from losing their home unexpectedly: Consent to disposition: The owner cannot sell, lease, mortgage, or otherwise transfer the homestead without the non-owner’s consent. Life estate: After the owner’s death, the non-owner can keep the homestead for […]

AREA OF LAW Wills and Succession Family Law Property
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FORMAT Publications
FILE FR118.pdf

September 26, 2022

Alberta Dower Act Consultation Summary


This document summarizes the results of consultations ALRI conducted for the it’s law reform project on the Alberta Dower Act. ALRI ran two online surveys. Both surveys were open from 3 December 2021 to 7 March 2022. One survey was aimed at the general public – the general survey. Another survey was aimed at professionals who use the Dower Act in their work, including lawyers, real estate brokers and agents, landmen, and estate planners or administrators […]

AREA OF LAW Wills and Succession Family Law Property Real Property
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FORMAT Publications
FILE Dower_consultation_summary.pdf

September 9, 2022

Family Maintenance and Support from the Estate of a Person Who Stood in the Place of a Parent, Final Report 117


Family Maintenance and Support from the Estate of a Person Who Stood in the Place of a Parent, Final Report 117 recommends that the Wills and Succession Act be reformed to allow a child to apply for family maintenance and support from the estate of a person who stood in the place of a parent. Who is a Person Standing in the Place of a Parent? To be in place of a parent a person must […]

AREA OF LAW Wills and Succession Family Law
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FORMAT Publications
FILE FR117.pdf

January 25, 2022

Dower Act: Life Estate, Report for Discussion 37


The Dower Act protects a spouse if the couple’s home is owned by the other spouse. It applies to a “homestead” which is a parcel of land where the owner lives or has lived. The Dower Act became law in Alberta over one hundred years ago. The last substantial reforms were in 1948. The Alberta Law Reform Institute’s (ALRI) research and consultation shows that the Dower Act functions largely as intended, but it is outdated […]

AREA OF LAW Wills and Succession Family Law Property
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FORMAT Publications
FILE RFD37.pdf

November 24, 2021

Dower Act: Consent to Disposition, Report for Discussion 36


The Dower Act protects a spouse if the couple’s home is owned by the other spouse. It applies to a “homestead” which is a parcel of land where the owner lives or has lived. The Dower Act became law in Alberta over one hundred years ago. The last substantial reforms were in 1948. The Alberta Law Reform Institute’s (ALRI) research and consultation shows that the Dower Act functions largely as intended, but it is outdated […]

AREA OF LAW Wills and Succession Family Law Property
TAGS , , , , , , , , , , , , , , , , , , , , , ,
FORMAT Publications
FILE RFD36.pdf

November 23, 2021

Property Division: Common Law Couples and Adult Interdependent Partners, Final Report 112


The Alberta Law Reform Institute recommends changes to the law for how common-law couples divide property if their relationship breaks down. This Report also recommends changes to the law for married couples who lived together before marriage and for adult interdependent partners who are not common law couples. Why is Law Reform Needed? 2016 Census data indicates that 320,260 Albertans consider themselves to be in common-law relationships. If common-law couples break up and cannot agree how […]

AREA OF LAW Family Law Marriage & Divorce
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FORMAT Publications
FILE FR112.pdf

June 4, 2018

Property Division: Living Together Before Marriage, Report 31


It is not uncommon for couples to live together before getting married. In some cases, they will acquire significant property, such as a home, furniture and a vehicle. While the Matrimonial Property Act [MPA] applies a presumption of equal division to property acquired during the marriage, it exempts the property acquired before the marriage. Consequently, the original value of that property is not divided on separation or divorce; only the increase in value of that property, from […]

AREA OF LAW Family Law
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FORMAT Publications
FILE RFD31.pdf

October 31, 2017

Property Division: Common Law Couples and Adult Interdependent Partners, Report 30


In recent decades, it has become increasingly common for couples to live together without being legally married. Couples who live together in a marriage-like relationship without being legally married are often said to be living in a common-law relationship. In Alberta, there are no legislated rules for property division upon the breakdown of a common-law relationship. The Matrimonial Property Act applies only to married spouses. Property division for common-law partners is based on legal ownership and the […]

AREA OF LAW Family Law
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FORMAT Publications
FILE RFD30.pdf

September 30, 2017

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