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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| (2) | Repealed | |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| 17 | Repealed | |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 | |