Mr. and Mrs. Chen own their primary residence in Red Deer, Alberta, in Mr. Chen's sole name. They have been married for 15 years and both reside in the home. Mr. Chen decides to sell the property. What must occur before the sale can be legally finalized under Alberta law, assuming Mrs. Chen is not a registered owner?

Question: Mr. and Mrs. Chen own their primary residence in Red Deer, Alberta, in Mr. Chen's sole name. They have been married for 15 years and both reside in the home. Mr. Chen decides to sell the property. What must occur before the sale can be legally finalized under Alberta law, assuming Mrs. Chen is not a registered owner?

Answer options:

• Mrs. Chen must be added to the title as a joint tenant before the sale. ✅ Mr. Chen must obtain a spousal consent or waiver under the Dower Act, or provide an affidavit stating the Dower Act does not apply.
• The property must first be subdivided to allow Mrs. Chen to retain a portion.
• Mr. Chen can proceed with the sale independently, as the property is registered solely in his name.

Correct answer: Mr. Chen must obtain a spousal consent or waiver under the Dower Act, or provide an affidavit stating the Dower Act does not apply.

Explanation: The Alberta Dower Act requires that if a married person owns a homestead in their sole name, their non-owning spouse must provide written consent to any disposition (such as a sale) or an affidavit explaining why Dower does not apply, to protect the non-owning spouse's homestead rights.