Hometime

Hometime · Alberta legislation

RTA Residential Tenancies Act

RTA · Dower Act

3 Duration of Homestead Duration of homestead

Current to 2022-12-15 · Official PDF

(1) When land becomes the homestead of a married person it
continues to be the married person's homestead within the meaning
of this Act until the land ceases to be a homestead pursuant to
subsection (2), notwithstanding the acquisition of another
homestead or a change of residence of the married person.
(2) Land ceases to be the homestead of a married person
(a) when a transfer of the la nd by that married person is
registered in the proper land titles office,
(b) when a release of dower rights by the spouse of that marri ed
person is registered in the proper land titles office as
provided for in section 7, or
(c) when a judgment for damages against that married person is
obtained by the spouse of the married person pursuant to
sections 11 to 17 in respect of any land disposed of by the
married person and is registered in the proper land titles
office.
(3) When a disposition of a homestead is made by an agreement
for sale, lease, mortgage, encumbrance or other instrument that
does not finally dispose of the interest of the married person in the
homestead, an order of the Court dispensing with the consent of the
spouse of the married person to the disposition extinguishes the
dower right of the spouse in the homestead to the extent only that
RSA 2000

the voluntary consent of the spouse to the disposition would have
done.
RSA 1980 cD-38 s3