Dower Act and Statute of Frauds Flashcards

Flashcards about the Dower Act and the Statute of Frauds

Dower Act in Alberta

To protect the property rights of a spouse who is not on title but has a legal interest in the homestead.

Compliance with the Dower Act

1) Obtain untitled spouse's consent (Forms A & C), 2) Titled owner affidavit if property isn't homestead (Form B), 3) Obtain untitled spouse's release (Forms D & E).

Statute of Frauds

A legal requirement that certain contracts must be in writing and signed to be enforceable, originating from English common law.

Contracts requiring written agreements under the Statute of Frauds

1) Sale or transfer of land, 2) Contracts to answer for the debt or duty of another, 3) Contracts that cannot be completed within one year.

Main purpose of the Statute of Frauds

To prevent fraud by requiring written agreements that clearly state terms, parties, and essential details of certain contracts.

Why written contracts are preferred under the Statute of Frauds

They are easier to prove, reduce the risk of fraud, and decrease the likelihood of future litigation.