Hometime

Hometime · Alberta legislation

CPA Condominium Property Act

CPA · Dower Act

6 Homestead sold under agreement of sale

Current to 2022-12-15 · Official PDF

(1) When a homestead has been sold under an agreement of sale
and
(a) the spouse entitled to dower rights has consented to it and
given the acknowledgment required by this Act,
(b) the Court has dispensed with the consent of the spouse to
the sale, or
(c) a subsisting release of dow er rights was registered at the
time of the execution of the agreement of sale,
RSA 2000

no further signature or acknowledgment of the spouse is required
on a transfer of the homestead in fulfilment of the terms of the
agreement of sale.
(2) On the transferee filing
(a) the agreement of sale accompanied with
(i) the consent and the acknowledgment in the prescribed
forms,
(ii) the order dispensing with the consent of the spouse, or
(iii) the consent and acknowle dgment required by chapter
206 of the Revised Statutes of Alberta, 1942, if executed
before September 1, 1948,
(b) a transfer of the land, and
(c) an affidavit identifying the transferee as the purchaser u nder
the agreement of sale,
and otherwise complying with this Act and paying the prescribed
fees, the Registrar shall issue a certificate of title in favour of the
transferee.
RSA 1980 cD-38 s6