I've been separated for years. Why do I need my ex-spouse's consent to sell the house I bought after our separation?

Dower rights give a non-owning spouse the right to live in the house following the

owner’s death.

Alberta law requires any landowner who is selling land in his or her own name to swear an affidavit setting out that:

(a) he or she is not married;

(b) an ex-spouse has released his or her dower rights in the land; or

(c) neither he or she, nor his or her spouse, ever lived in the property for sale.

Even in cases where spouses have properly executed a separation agreement that waives these rights, it will be necessary for the non-owning spouse to execute the forms required by the Land Titles Office, if they have not yet divorced.

These dower rights terminate once the spouses are divorced.