Hometime

Hometime · Alberta legislation

MHHS Minimum Housing and Health Standards

MHHS · Dower Act

1 Definitions

Current to 2022-12-15 · Official PDF

In this Act,
(a) "Court" means the Co urt of King's Bench;
(b) "disposition"
(i) means a disposition by act inter vivos that is required to
be executed by the owner of the land disposed of, and
(ii) includes
(A) a transfer, agreement for sale, lease for more than 3
years or any other instrument intended to convey or
transfer an interest in land,
(B) a mortgage or encumbrance intended to charge land
with the payment of a sum of money, and required to
be executed by the owner of the land mortgaged or
encumbered,
(C) a devise or other dis position made by will, and
(D) a mortgage by deposit of certificate of title or other
mortgage that does not require the execution of a
document;
(c) "dower rights" means all ri ghts given by this Act to the
spouse of a married person in respect of the homestead and
RSA 2000

property of the married person, and without restricting the
generality of the foregoing, includes
(i) the right to prevent disposition of the homestead by
withholding consent,
(ii) the right of action for damages against the married
person if a disposition of the homestead that results in
the registration of the title in the name of any other
person is made without consent,
(iii) the right to obtain payment from the General Revenue
Fund of an unsatisfied judgment against the married
person in respect of a disposition of the homestead that
is made without consent and that results in the
registration of the title in the name of any other person,
(iv) the right of the surviving spouse to a life estate in the
homestead of the deceased married person, and
(v) the right of the surviving spouse to a life estate in the
personal property of the deceased married person that is
exempt from seizure under writ proceedings;
(d) "homestead" mean s a parcel of land
(i) on which the dwelling house occupied by the owner of
the parcel as the owner's residence is situated, and
(ii) that consists of
(A) not more than 4 adjoining lots in one block in a city,
town or village as shown on a plan registered in the
proper land titles office, or
(B) not more than one quarter section of land other than
land in a city, town or village.
RSA 2000 cD-15 s1;RSA 2000 c16(Supp) s44;
AR 217/2022