What is the husband’s right to withhold consent from the wife to a disposition of the homestead?

Alberta, Canada


The following excerpt is from McNeil v. Martin, 1982 ABCA 351 (CanLII):

It will be observed that in s.1(d) the right to prevent disposition given to the wife is not restricted to a disposition executed by the husband. Martland, J. said in Senstad v. Makus in reviewing the rights conferred by s.2(1)(b). “I would draw attention to para. (i) of this subsection. The dower right there defined is to prevent a disposition of the homestead by withholding consent.”

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