Dower Consent Requirement

Seller Brokerage Agreements are now requiring a "Dower Consent" which is to be signed by the non-titled spouse before a Commissioner for Oaths, Notary Public, or a lawyer, before the property can be marketed, under the following circumstances:

1) The Title is in one name only
2) The couple is legally married
3) Either spouse has lived on the property at any time during the marriage.

You should consult with a lawyer before attaching your signature to such an important document. If the couple is separated but not divorced, a Dower Consent is required regardless if the spouse has never entered into the property.

The Dower Act applies to legally married same-sex couples but not to common-law couples. It should be noted that the Dower Consent applies only to the property in question and is not a blanket release.