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C.C.S.M. c. H80

The Homesteads Act

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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(2) Repealed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17 Repealed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