|This Act has "Not in Force" sections. See the Table of Legislative Changes.|
|2||Application for charge under this Act|
|3||When disposition without consent of spouse is void|
|4||Application of Wills, Estates and Succession Act|
|5||Spouses living apart|
|6||When Act ceases to apply|
|7||Filing of consent on disposition|
|8||Dispensing with consent and notice|
|9||Presumption of consent from participation in sale|
|10||Abandonment by spouse of benefits and privileges|
|11||Cancellation on protected spouse predeceasing other spouse|
|12||Spouse may be required to show why entry should not be discharged|
|13||Appeal from registrar's decision|
|15||Power to prescribe forms|
1 In this Act:
"disposition" means any disposition by an act between living persons that is required to be executed by the owner of the land disposed of, and includes
"entry" means an entry made in the register of land titles under section 2;
"homestead" means land or any interest in it entitling the owner to possession of it that is registered in the records of the land title office in the name of the spouse and on which there is a dwelling occupied by the spouses as their residence, or that has been so occupied within the period of one year immediately preceding the date of the making of the application under section 2;
"spouse" means a person who
3 (1) If an entry has been made on the register under section 2, a disposition of the homestead by a spouse during the life of that spouse if the interest of that spouse must or may vest in any other person at any time during the life of that spouse, or during the life of the spouse of that spouse living at the date of the disposition, is void for all purposes unless made with the written consent of the spouse on whose behalf the entry is made.
4 (1) If an entry has been made on the title under section 2, section 162 (1) of the Wills, Estates and Succession Act applies to the devolution of the homestead.
(2) Despite any testamentary disposition or rule of law and subject to the liability of the land comprising the homestead for foreclosure or the payment of debts, a personal representative holds the homestead in trust for an estate for the life of the surviving spouse.
5 If at the time of death of a spouse, the surviving spouse is living apart from the deceased spouse under circumstances disentitling the surviving spouse to support, alimony or maintenance, no life estate vests in the surviving spouse and the surviving spouse does not take any benefit under this Act.
6 This Act ceases to apply when the spouses have
(b) resolved the ownership or division of the homestead by an agreement or order made under the Family Law Act.
7 (1) Any consent required for a disposition during the lifetime of a spouse that takes effect during the lifetime of that spouse, of a homestead under this Act must be produced and filed in the land title office with the instrument by which the disposition is effected.
8 (1) On application by petition and on being satisfied that it is fair and reasonable under the circumstances to do so, the Supreme Court may dispense with the consent of a spouse, on whose behalf an entry is made, to a proposed disposition if
(3) If the court is satisfied that the spouse on whose behalf the entry is made has not, since the marriage, lived in British Columbia or the whereabouts of that spouse is unknown, it may dispense with the giving of notice of the application for the order or give other directions as to service of the notice.
(4) If the spouse on whose behalf entry is made is a mentally disordered person or person of unsound mind, notice of an application to dispense with the consent of that spouse must be served in the manner provided by the rules of the Supreme Court for the service of writs on those persons.
(5) On the order being filed with the registrar at the proper land title office, and on compliance with the Land Title Act, the registrar must register the transfer.
9 (1) If the spouse on whose behalf an entry is made has executed a contract for sale of the homestead, joined in the execution of it with the other spouse or given written consent to the execution of it, and the consideration under the contract has been totally or partly performed by the purchaser, the spouse on whose behalf the entry was made is, in the absence of fraud on the part of the purchaser, deemed to have consented to the sale in accordance with this Act.
(2) If a subsequent disposition by way of transfer of the homestead is presented for registration under the Land Title Act, the consent previously given or the agreement executed, if produced and filed with the registrar, is sufficient for the purposes of this Act.
10 (1) A homestead or part of a homestead and the benefits and privileges conferred on the spouse on whose behalf an entry is made under this Act in respect of the homestead or any part of it may be abandoned by that spouse by a document, in the prescribed form, abandoning the homestead rights.
11 On application in the form prescribed for applying for the cancellation of an entry, accompanied by evidence satisfactory to the registrar that the spouse on whose behalf the entry was made has died, or that a decree has been pronounced dissolving or annulling the marriage of the spouse on whose behalf an entry was made to the spouse in whose name the homestead is registered, the registrar must cancel the entry.
12 (1) A spouse or the personal representative of the spouse may by summons call on the other spouse to attend before a court of competent jurisdiction to show cause why an entry should not be discharged if
(2) On proof that the spouse has been summoned as required by subsection (1), and on evidence that the court may require, the court may make an order that it considers appropriate in the circumstances.
13 If a person is dissatisfied with a decision of the registrar under this Act, that person may, within 21 days of the receipt of notice of the decision, appeal to the Supreme Court in a summary way by petition, and section 309 of the Land Title Act applies to the appeal.
15 The Lieutenant Governor in Council may prescribe forms for the purposes of this Act.
Copyright (c) Queen's Printer, Victoria, British Columbia, Canada