Hometime

Hometime · Alberta legislation

CPA Condominium Property Act

CPA · Dower Act

11 Remedy of Spouse Action for damages

Current to 2022-12-15 · Official PDF

(1) A married person who without obtaining
(a) the consent in writing of the spouse of the married person,
or
(b) an order dispensing with the consent of the spouse,
makes a disposition to which a consent is required by this Act and
that results in the registration of the title in the name of any other
person, is liable to the spouse in an action for damages.
(2) The amount of the damages for which the married person is
liable to the spouse is a sum equivalent to
(a) 1/2 of the consideration for the disposition made by the
married person, if the consideration is of a value
substantially equivalent to that of the property transferred,
or
(b) 1/2 of the value of the pro perty at the date of the disposition,
whichever is the larger sum.
(3) If the married person dies, the action for damages may be
commenced, or continued against the executors or administrators of
the estate of the deceased married person, but the liability of the
executors or administrators in the action is limited to the assets of
the estate that are undistributed at the time of the service of the
statement of claim on the executors or administrators or any of
them.
(4) No action for damages shall be commenced except
(a) within 6 years from the di scovery by the spouse of the
disposition, and
RSA 2000

(b) within 2 years from the d eath of the married person.
RSA 1980 cD-38 s11