[HerpDerpington]

Just need to know if the Alberta Dower Act only applies to marital property (property acquired during marriage) or if it also covers property acquired before the marriage.

The property in question was acquired before the marriage and brought in by one partner but was the home lived in by the married couple.

[tickle]

Here is the Dower Act, a little ancient, but still applies in Alberta. You can read it yourself so there will be no misunderstanding:

www.canmorelawyer.com/Dower%20Act

If you cannot access the page, go to Google and enter Dower Act.

Tick

[HerpDerpington]

I've read that, but in the definition of homestead it only deals with one owner. The spouse did not own the property nor did they contribute any monetary support to the upkeep of the house. In light of that, I want to know if the spouse still has Dower Rights as the residence is certainly not considered marital property.

[ScottGem]

"A "homestead" is defined as "a parcel of land on which the dwelling house occupied by the owner of the parcel as his residence is situated". If both names of the couple are shown as registered owners on the title, then the Dower Act does not apply, "

In my opinion, the Dower Act would apply. The purpose of the Dower Act is to prevent the owner of the homestead from disposing of the marital home without the other spouses approval. It does not affect ownership of the home, but would require the dissolution of the marriage/partnership before the property could be disposed of.