9 Agreement releasing dower rights
married person may execute an agreement releasing to the married
person the dower rights in the homestead that are given to the
spouse by this Act.
(2) The agreement
(a) shall be in writing,
(b) shall be for valuable consideration and the consideration
shall be expressed in the agreement,
(c) shall be acknowledged by the spouse releasing the dower
rights
(i) apart from the married p erson with whom the agreement
is being made, and
RSA 2000
(ii) before a solicitor, barrist er, lawyer or attorney-at-law
residing in Alberta, or residing in any other province,
realm and territory, state or country, other than the
solicitor or the partner or employee of the solicitor
acting for the married person with whom the agreement
is made,
(d) shall be signed by the spouse releasing the dower rights i n
the presence of the person before whom the
acknowledgment was made,
(e) may be contained in or form part of a separation or other
agreement, and
(f) may be general in character applying to all homesteads of
the married person, or may be specific applying only to a
described homestead.
(3) A certificate of acknowledgment in the prescribed form shall
be signed by the person before whom the acknowledgment was
made and shall be endorsed on or attached to the agreement.
RSA 1980 cD-38 s9