I need to find out about a “post-nuptual agreement/release of dower rights on the matrimonial home, if it can be done in

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Customer: Hi, I need to find out about a “post-nuptual agreement/release of dower rights on the matrimonial home, if it can be done in the province of Nova Scotia
JA: What steps have you taken? Have you filed any papers in Nova Scotian family court?
Customer: no.
JA: Have you talked to a lawyer about this yet?
Customer: no
JA: Anything else you want the Lawyer to know before I connect you?
Customer: considering seperation, i am inheriting money next year and am debating moving to NS but I would want my husband to release dower/interest in the property in case we get divorced so the children get the money from the home.
Answered by James Macdonnell in 7 mins 2 years ago
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James Macdonnell
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Customer
I also have the same question regarding the provinces of BC and Ontario.
Currently reside in AB where this can be done (talked to a lawyer here) but not sure of other provinces
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James Macdonnell, Expert

Hello I just viewed your post here. When you say dower rights can describe what you mean by this? In Canada and specifically there is no such thing as dower rights as it relates to real property.
Customer
Specifically, I mean releasing one’s interest in the property.
If I buy a home with my inheritance next year and we live in it and divorce down the road, I am interested to find out if there is some kind of agreement (post-nup) that we can do so that my husband is not entitled to half the house.We have been married 12 years and when my dad died I put all inheritance in the marriage (paid off debts, home improvements etc) - now another relative has passed and I will be inheriting money next year.
My husband has a lot of debt and we have been discussing separation for awhile for various other reasons. He took a job in NS and moved there in Jan. I am in AB with the kids.
If I move to NS and buy a home, I want to ensure my kids will get the money from the house if I pass away.
Customer
If I buy a house, while we are married, can he sign an agreement releasing his interest in the property so that if I pass away the kids would get the house/money from the house. Like a post-nuptual agreement
Customer
It is my understanding that if I buy a house in AB I can do this but I want to find out if that can be done in other provinces, specifically NS
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James Macdonnell, Expert

In BC and most jurisdictions the law is pretty clear. Specifically, as it relates to B.C. inheritances are excluded property and this is set out in the family law act. If you put that money into a family home that amount of the inheritance used is excluded. However, in the absence of a signed agreement between you and
Your spouse stating other wise, that person would be entitled on the face of it to a one half share of the increase in value of the home from the date of purchase to the date of separation. In short, if yo my buy the house with inherited money in amount of $250k then house increases I value to $300k. The spouse would be entitled to half of the $50k increase only. This scenario assumes no agreement between you excluding the house entirely.
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James Macdonnell, Expert

NS has a similar set of law related to this process.
Customer
the initial investment is protected even without an agreement?
Customer
Lets say I put $200k down on a house and we still get a small mtge together.
Can I have an agreement that if I die or we divorce that the 200k investment comes back to the kids with the sale of house and we split the remainder of the proceeds after mtge paid out?
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James Macdonnell, Expert

Here is what I am tell you: get an agreement in place. It’s always best to hope for the best but prepare for the worst case scenario.In the event that you die if
You are joint tenants your spouse takes
Your share of the house by default. He is then free to do what he wants with it. If register as tenants in common then you can allocate one or
All of
Your children as getting your share of the house.If you divorce there is no guarantee as to how the courts will deal with the house once you commingle on the mortgage and payments. Suffice it to say though the original money out in by you remains excluded.
Customer
Thank you, ***** ***** great advice!
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James Macdonnell, Expert

You are very welcome. Glad to have been able to help you. Have a great rest of your day.
Customer
Thanks you too!
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