What Happens to the Family Home When a Spouse Dies in Alberta?

The loss of a spouse is an emotional and overwhelming experience. On top of grief, families are often faced with legal and financial questions — especially about the family home. Who owns the house now? Can the surviving spouse stay in it? What happens if the home is only in the deceased spouse’s name?

In Alberta, the answer depends on how the property was owned, whether there is a will, and which laws apply to the estate.

How Was the Property Owned?

The first step is to determine how the home was registered at the Alberta Land Titles Office. There are two common types of ownership:

• Joint tenancy: Most married couples register property this way. When one spouse dies, the other automatically becomes the sole owner through the “right of survivorship.” The home does not form part of the estate and does not go through probate.
• Tenants in common: Each spouse owns a defined share of the property (for example, 50/50). When one spouse dies, their share forms part of their estate and is distributed according to their will or intestacy laws.

Related: Property Division in Edmonton

The Role of a Will

If the deceased spouse owned the home solely in their name, the transfer will depend on their will. The will may:

• Leave the home to the surviving spouse.
• Leave the home to children or other beneficiaries, with or without conditions.
• Require the home to be sold and proceeds divided.

If there is no will, Alberta’s Wills and Succession Act sets out who inherits. The surviving spouse (or adult interdependent partner) generally has priority, but the exact distribution depends on whether there are children and whether they are from the same relationship.

The Dower Act: Rights of the Surviving Spouse

In Alberta, the Dower Act gives a surviving spouse specific rights to the matrimonial home, even if they are not on title. These rights include:

• The right to live in the home for life (called a life estate).
• The right to prevent the sale, transfer, or mortgage of the home without their written consent.

These protections only apply to married spouses — not adult interdependent partners — and only to the primary residence.

Mortgages and Financial Considerations

If the home has a mortgage, the surviving spouse or estate must continue making payments. Sometimes, mortgage insurance may pay off the balance, but if not, the home could be at risk of foreclosure if payments are missed.

This makes it important to review both estate planning documents and mortgage agreements when a spouse dies.

What If There Are Children from a Previous Relationship?

Second marriages and blended families can complicate matters. If the deceased spouse had children from a previous relationship, they may inherit a share of the estate, including part of the home if it was not jointly owned.

In these cases, the surviving spouse may have rights to stay in the home temporarily but could be required to buy out other beneficiaries or sell the property.

Why Legal Advice Matters

The family home is often the most valuable and emotionally significant asset in an estate. Whether you are the surviving spouse, a child of the deceased, or an executor managing the estate, it’s important to understand your rights and obligations under Alberta law.

A lawyer can:

• Review the title and ownership structure.
• Explain rights under the Wills and Succession Act and Dower Act.
• Assist with probate and estate administration.
• Prepare transfer-of-land documents for the Land Titles Office.
• Negotiate with beneficiaries when multiple parties have claims.

Final Thoughts

What happens to the family home after a spouse dies in Alberta depends on ownership, wills, and legislation. For surviving spouses, the law provides protections — but the process can still be complex, especially with blended families or high-value estates.

Getting advice early can help avoid disputes and ensure that your home — and your family’s future — is protected.

Contact Cambria Law for Family Property and Estate Matters

If you are dealing with the family home after the death of a spouse, Cambria Law can provide the guidance you need. Noori Sidhu and Renn Spence have experience in both family property and estate matters, helping clients navigate this difficult transition with clarity and compassion.