With so many folks moving to Calgary or purchasing investment property in our great City, it may come as a surprise to some that we have a somewhat unique law that provides for spousal rights in the sale of property even when that spouse is not on title.

If you are buying or selling a property with only your name on title and you are legally married then Dower Rights may apply meaning you will require the consent of your spouse to sell the property.

This is especially tricky when one person wishes to sell property but they have no contact or not so great relationship with a separated spouse. The challenge is that when buying property you may so do without realizing the issues you will face on selling. There are, however, options to structure the sale to avoid the issue.

If you are in these circumstances please seek legal advice before signing a listing or purchase document.