Does a creditor have the upper hand in the sale of a spouse's life interest?
Alberta, Canada
The following excerpt is from Kuehn v. Otis Engineering, 1996 CanLII 10596 (AB QB):
That points out a significant difference between the McNeil v. Martin case and this one. In the former, the spouse who was intended to be protected by dower legislation would have a real say in what that value would be because without her consent any purchaser in the sale would buy subject to her life interest. In this case, however, as stated above the creditor who purchases the dower interest has the upper hand because the property cannot be disposed of without the creditor’s consent who will presumably attempt to hold out for maximum value. That is not protecting one spouse’s dower interest; it is punishing the other spouse.
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