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Answered in 5 hours by:
9/16/2012
VerifiedDebra Thal (username) :
This releasing of dower does not mean his wife gave up on her rights of ownership of the house.
Debra Thal (username) :
It means that she allowed him to use the asset for security for the loan.
Debra Thal (username) :
It is necessary for her to do this so he can do anything with the title.
Debra Thal (username) :
But that does not mean she essentially signed a release about ownership.
Debra Thal (username) :
But his spouse will not necessarily get his full estate.
Debra Thal (username) :
She will get the first $40,000 and after that the estate is shared equally with all of you and her.
Debra Thal (username) :
It is possible that she signed away her right to what would amount to a life interest in the matrimonial home if she signed a full release of dower rights.
Debra Thal (username) :
You can check at the land registry office to see what is signed and registered there.
Customer: Thank you
Customer: This was supposedly signed when they just became commen law and before marriage. It might be akin to a pre nup.
Customer: You think the registry
Customer: May have this info
Debra Thal (username) :
Yes but it would not count as a marriage contract in most cases.
You would need to show a copy of this document to an estate lawyer.
Customer: Ok thank you, XXXXX XXXXX an estate lawyer but as this information became available to me last night and I can't speak to her till Monday I inquired online because I'm impatient. Thanks for your help
VerifiedDebra and 87 other Canada Law Specialists are ready to help you
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