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| (2) | Repealed |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| 17 | Repealed |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