Demystifying Dower: Dower in Alberta from its beginnings to today (and beyond)

The word “dower” may sound archaic but it is actually still relevant today in many jurisdictions, including Alberta.

What is Dower?

The initial Dower Act in Alberta was established to protect a spouse if the other spouse owned the couple’s “homestead” solely (i.e., only one spouse on the title). Dower protects the non-owner spouse from losing their home both during the lifetime of the owner-spouse, and in the event that the owner-spouse dies first. If the owner of the property predeceases the non-owner, the non-owner can continue to live in the “homestead” until their death (and they are arguably entitled to the value of the use of the home for such period, even if they do not wish to live there).

Another result of the Dower Act is that homeowners are prevented from selling, leasing, or obtaining mortgages without the non-owner spouse’s approval/consent. Importantly, under current Alberta law, dower only applies to a legally married spouse … not to a common-law spouse … but also not to children who live in a property (even if minors).

Chat GPT actually provided a helpful summary of the origins of dower:

Dower originated in medieval Europe as a way to protect women's rights and prevent them from being left destitute upon their husbands' deaths. The specific rules and regulations surrounding dower have varied across different jurisdictions and historical periods. In some cases, the dower right was a fixed percentage of the husband's estate, while in others, it involved specific properties or land.

It's important to note that the concept of dower has evolved over time, and its prevalence and legal implications may vary in different regions and legal systems today.

Dower become law in Alberta over one hundred years ago and has not changed significantly in the last 70 years.

So, the question becomes … is the Dower Act still useful?  

The Dower Act has been questioned in recent years for its usefulness. But it has also been argued that the Act is still necessary, as it provides automatic protection for spouses … very different from other legislation that may create a cause of action, but certainly does not offer immediate, automatic protection, before harm can even occur. Therefore, instead of removing the Act entirely, the Alberta Law Reform Institute (ALRI) has recommended alterations to the Act to modernize it (to make it more fair and universally applicable … and thereby, even more useful in 21st century society). Here is the link to the full report.

What is being recommended?

Current recommendations that could see enforcement in the coming years revolve around modernizing of the Act, including the right for adult interdependent partners (AIPs) to have the same Dower rights as a legally married couple regarding consent to disposition and the life estate. (Note: AIP is a term used in Alberta to refer to common-law partners but the definition is different than what is considered “common-law” for federal tax purposes.) Dower is really the last remnant of the law in Alberta that differentiates between legally married couples and AIPs.

Further, another recommendation for modernizing the Act is to define homestead in a different manner, such that property would not forever be subject to dower rights just because a couple once lived in a property for a short time many years ago, and such that dower would also apply to mobile homes. 

Overall, the Dower Act is very much outdated yet still serves a useful purpose in providing immediate protection. New legislation is needed to ensure that such protection applies beyond its current application.

The post contains legal information of general applicability. It is not legal advice to any one person. It does not account for your personal circumstances. Do not rely on the information above; seek personalized legal advice. We do out best to ensure this information is accurate as of the date of publishing however, we will not update this information going forward.

Thanks very much to Katelyne Steele for her assistance in preparing this post! We are so grateful to have her. Here is some more info about Katelyne:

Hi, my name is Katelyne, and I am a policy studies intern at Modern Wills for the 2023 summer! I enjoy the opportunity to research and inform on estate legislation, rules, guidelines, etc., for our clients to read and better understand estate planning