C.C.S.M. c. H80
The Homesteads Act
INTERPRETATION AND APPLICATION | ||
1 | Definitions | |
2 | One homestead only | |
2.1 | Only one spouse or common-law partner with rights | |
2.2 | Homestead rights of second spouse or common-law partner | |
3 | Application of Act to persons under 18 | |
3.1 | Parties living separate and apart | |
DISPOSITION PROHIBITED WITHOUT CONSENT | ||
4 | Disposition prohibited without consent | |
5 | (1) | Proof of non-application of Act |
(2) | Affidavit, statutory declaration, etc. | |
(3) | No duty to inquire | |
(4) | Validity of documents | |
(5) | Onus of proof | |
6 | Disposition without consent may be set aside | |
DURATION OF HOMESTEAD | ||
7 | Change of residence does not change homestead | |
8 | (1) | Election after death of owner |
(2) | When election must be made | |
(3) | Election must be in writing | |
(4) | Effect of election | |
(5) | If no election | |
(6) | Discharge or vacating of election | |
CONSENTS | ||
9 | (1) | Consent to disposition or change of homestead |
(2) | Form of consent to disposition | |
(3) | Persons before whom consent made | |
(4) | Consent to include acknowledgment by spouse or common-law partner | |
(5) | Consent registered in L.T.O. | |
(6) | Consent as conclusive evidence | |
10 | (1) | Court may dispense with consent |
(1.1) | Court may terminate certain homestead rights | |
(2) | Application by personal representative | |
(3) | Terms and conditions | |
RELEASES | ||
11 | (1) | Spouse or common-law partner may release rights |
(2) | Persons before whom release made | |
(3) | Release to include acknowledgment | |
(4) | Release as conclusive evidence | |
12 | Effect of registration of release | |
13 | Consent to terminate release | |
14 | (1) | Order terminating release |
(2) | Effect of court order | |
15 | Discharge of release registered in land titles office | |
REMEDY OF SPOUSE OR COMMON-LAW PARTNER | ||
16 | (1) | Liability for fraudulent disposition |
(1.1) | Meaning of wrongful disposition | |
(2) | Repealed | |
(3) | Action against owner's personal representative | |
(4) | Limitation period | |
(5) | Damages | |
17 | Repealed | |
18 | Registration of judgment | |
HOMESTEAD NOTICES | ||
19 | (1) | Right to register homestead notice |
(2) | Effect of notice | |
20 | (1) | Discharge of notice |
(2) | Vacating of notice | |
(3) | Effect of consent where homestead notice registered | |
LIFE ESTATE IN HOMESTEAD | ||
21 | (1) | Life estate on death of owner |
(2) | Disposition subject to life estate | |
22 | (1) | Consent to disposition after death of owner |
(2) | Form and execution of consent | |
GENERAL PROVISIONS | ||
23 | (1) | Authority of spouse's or common-law partner's attorney |
(2) | Owner cannot be attorney | |
(3) | Acknowledgment of power by attorney apart from owner | |
(4) | Form of acknowledgment | |
(5) | Acknowledgment by attorney | |
24 | Owner cannot be attorney | |
25 | (1) | Authority of committee |
(2) | Authority of substitute decision maker for property | |
26 | (1) | Definition of "document" |
(2) | Order validating defective document | |
27 | Defect in form not to invalidate proceedings | |
28 | Contracting out | |
29 | Regulations | |
30 | (1) | Transitional |
(2) | Deaths before this Act comes into force | |
(3) | Dispositions | |
(4) | Caveats and dower notices | |
(5) | Documents under former Act | |
31 | C.C.S.M. reference | |
32 to 51 | ||
52 to 66 | ||
67 | Repeal | |
68 | Coming into force |