Real Estate Council of Alberta Fundamentals Practice Exam

What happens to the interest of a non-titled spouse upon death according to the Dover Act?

1. It is retained by the titled spouse

2. Only applies if they were engaged

3. It dissolves with divorce

4. Only applies if legally married and in a matrimonial house

The correct answer is: Only applies if legally married and in a matrimonial house

The correct answer highlights that the provisions of the Dover Act are specifically designed to address the interests of non-titled spouses in the context of matrimonial property rights. Under this legislation, the non-titled spouse's interest typically refers to their entitlement to a share of the property acquired during the marriage, particularly if the couple is living in a matrimonial home. When a titled spouse passes away, the non-titled spouse retains certain rights to the property as a result of their legal status as a spouse. This is significant because it protects the non-titled spouse from losing their interest in the property solely due to the death of the titled spouse, ensuring that they have rights concerning the home they shared together. This specific focus on legally married couples highlights the importance of marital status in determining property rights and indicates that the protections afforded by the Dover Act do not extend to engaged couples or those who are divorced. Thus, the law only applies when there is a legal marriage and the residence falls under the definition of a matrimonial house.