When you are selling your home or financing your home and you are the only person on title, you need to declare your marital status on the Transfer of Land or on the mortgage document. You can only declare one of the following:
(1) you are not married, or
(2) neither you nor your spouse has ever lived in the property within your marriage.
If you do not fall within either categories, a Spousal Consent is required.
The Dower Act in Alberta grants your spouse a life interest in the martial home which means your spouse has the right to live in the home during his or her lifetime. In order to sell or finance your material home, your spouse must voluntarily consent to the disposal or financing of the martial home.
If you are separated from your spouse but not legally divorced (it doesn’t matter whether you are separated for 10 months or 10 years, or your spouse doesn’t live in the home), a spousal consent is still required.
You may contact me for further legal advice.
Note: All postings in this blog are for information only, please consult a lawyer for proper legal advice.