Dower Consent When Selling a Home in Alberta

Last reviewed October 2026 · By Tod Hall and Tausha Hall, REALTORS®, TNT Real Estate Pros | Real Broker

Short answer: In Alberta, if you’re married and the home you’re selling is your homestead, your spouse must give written dower consent even if only your name is on title. Your spouse signs a consent and a certificate of acknowledgement in front of a lawyer, apart from you. If both spouses are on title, both sign the transfer and a separate consent usually isn’t needed.

Dower is one of those Alberta rules that surprises people, usually right when the paperwork lands. Below are the questions we hear most, then the signing steps, then the situations that make it trickier.

Dower in plain language

What is dower?

Alberta’s Dower Act protects a married person’s right to the family home. If a home is your “homestead” and you’re married, you can’t sell it, mortgage it or lease it for more than three years without your spouse’s written consent, even if your spouse isn’t on title.

What counts as a homestead?

Generally, it’s the property where the married owner lives or has lived with their spouse. In a city, the Act limits the homestead to a set number of lots; rural property has its own limit. A rental property you’ve never lived in is usually not a homestead, but get your lawyer to confirm.

Who has dower rights?

The legally married spouse of the owner. The Act covers married spouses only. Adult interdependent partners (Alberta’s term for common-law couples) don’t have dower rights under the Dower Act, though they may have other property rights under different laws.

What if my spouse and I are both on title?

Then you both sign the transfer to the buyer as owners. Dower consent is built for the situation where only one spouse owns the home.

Does dower give my spouse ownership?

No. Dower gives your spouse the right to stop a sale or mortgage of the homestead without their consent, and a life estate in the homestead if you die first. It’s not a share of ownership. Splitting property on separation is handled under family property law.

What happens if consent isn’t given?

A sale of a homestead without proper consent can be challenged, and the buyer’s lawyer won’t close without it. Every Alberta transfer includes a sworn statement from the seller about whether they’re married and whether the property is a homestead, so this comes up on every deal.

How dower consent gets signed, step by step

1. Tell your agent and lawyer early. When you list, mention that you’re married and your spouse isn’t on title. It avoids last-minute delays.
2. Your lawyer prepares the documents. Along with the transfer, they’ll prepare a dower consent for your spouse and the seller’s affidavit about marital status and the homestead.
3. Your spouse meets with a lawyer, apart from you. The consent must be acknowledged separately and apart from the owner spouse, so you won’t be in the room. Many couples use a different lawyer for this step to keep it independent.
4. The lawyer explains the rights being given up. Your spouse confirms they understand their dower rights and are consenting freely, without pressure.
5. Your spouse signs the consent, and the lawyer signs the certificate of acknowledgement. The certificate confirms the consent was given properly.
6. The documents go with the transfer. Your lawyer sends the signed package to the buyer’s lawyer, and it’s registered at Land Titles with the transfer.

Your spouse doesn’t have to be in Calgary. Consent can often be signed elsewhere in front of an authorized person, but the rules for out-of-province or overseas signing are specific, so ask your lawyer before booking anything.

Common situations

You’re separated but not divorced

Separation alone doesn’t end dower rights. Until a divorce is final, or rights are released by agreement or court order, your spouse usually still needs to consent. If your spouse won’t sign, the Act allows a court to dispense with consent in some situations. If you’re selling during a separation, our guide to selling a house during a divorce in Calgary covers the wider process.

You owned the home before you married

Dower can still apply. What matters is that you’re married now and the home is your homestead, not when you bought it or whose money paid for it.

Your spouse has already released dower

A spouse can sign a release of dower rights for a specific property, often as part of a separation or prenuptial agreement. If one is in place, your lawyer will need a copy.

Your spouse has died

If the owner dies, the surviving spouse has a life estate in the homestead. That means the estate’s personal representative will need the surviving spouse’s consent or a release to sell. If you’re the surviving spouse and the owner, dower no longer applies to your own sale. Our executor guide covers estate sales in more detail.

You’re in an adult interdependent relationship

The Dower Act applies to married spouses, so dower consent doesn’t apply to adult interdependent partners. Your partner may still have rights under other Alberta laws, so get legal advice before you list.

Your spouse lacks capacity or can’t be found

If your spouse can’t consent because of capacity or because you can’t locate them, a court application may be needed. This adds time, so start early.

If you’re selling as part of a move to a smaller place, our downsizing guide walks through the rest of the timeline.

If you’d like to talk it through, send us a note or call 587-875-6640. No pressure, just answers.

This article is general information, not legal advice. Talk to an Alberta real estate lawyer about your situation.

Sources:Alberta King’s Printer: Dower Act, RSA 2000, c D-15 · Alberta Land Titles · CPLEA (Centre for Public Legal Education Alberta) · Law Society of Alberta: Lawyer Referral