C.C.S.M. c. H80
| |
|
| 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| Repealed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| Repealed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
|
Home
