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aalarry
Feb 28, 2014, 09:00 AM
In Alberta, and with respect to the Dower Act;
If the spouse who is not on title, who is currently residing in the matrimonial home, be evicted from the matrimonial home, by the spouse who is on title. What are the financial responsibilities of the non-titled spouse residing in the matrimonial home with respect to mortgage utilities?

stinawords
Feb 28, 2014, 09:30 AM
I have to say that your question is a little confusing. So I am going to take a guess at your situation and you can tell me if I guessed right or not. Here goes... You are one half of a married couple. One of you purchased a house and it is in only one name. The two of you separated, leaving the person not named on the house in the house. The person named on the house evicted/is wanting to evict the person in the house. You need to know if the person not named on the bank papers is responsible for paying the bank back. Is that right? If not let me know.

From what I understand about Dower Rights it is a protection for spouses not named on the title of the house. This is so that the spouse not named has an equal say if the house it to be sold or transferred in some way. What I did not find was anything saying that the unnamed person is responsible for paying the bank. That is a contract between the bank and that person.

If we have a little better understanding about your situation, I'm sure more people on here can give very helpful answers.

AK lawyer
Feb 28, 2014, 09:47 AM
I'm making an educated guess that the wife can be evicted, despite any dower rights, if the mortgage is not paid and the bank chooses to foreclose.