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My wife and i have been married for 36 years living in the same house. The house is in her name, can she sell it without giving me my share
013 months ago
Shannon Allison - Allison Law Office (Edmonton) Verified Lawyer
Roger,
I recommend that you contact a lawyer to obtain specific legal advice. You need to provide more information than you have.
In short, you would potentially be entitled to a portion of the house under the Family Property Act. I say potential as you have provided very little information. Your entitlement to a portion of the home will depend on exemptions she may be claiming, if it is financed, if you signed a Dower Release, what other property and debts you each hold in addition to several other issues and circumstances that could affect the division of property. This can also be affected if you are separated or not. The issue of separation is not simply determined by residing in the same place.
You are not on title. She could sell the home and your signature would not be required on the transfer. However, you would need to provide a dower release. She could try to get around this by signing a Dower Affidavit stating that she is not married. If you signed a Dower Release, as this is sometimes required for refinancing, she might be able to sell the property without this barrier.
Under no circumstances should you rely on her not being able to sell because you have not signed a Dower Release. This is not something that adequately protects you from her selling the property and taking the proceeds.
A lawyer can help you with placing protection on the property title that would protect your interest in the property.
You'll want to file a Certificate of Lis Pendens against the home. Even if you don't want to hire a lawyer for everything, you could hire one just to get this filed.
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