1 In this Act

1 In this Act

"common-law partner" means a person who, not being married to the other person, cohabited with him or her in a conjugal relationship

(a)for a period of not less than 3 years, or

(b)for a period of at least one year and they are together the parents of a child,

which person has not been living separate and apart from the other person for a period of more than one year due to a breakdown in the relationship;

(a) in the case of a residence in a city, town or village occupied by the owner and the owner's spouse as their home, the residence and the land on which it is situated, consisting of

(b) in the case of a residence outside a city, town or village occupied by the owner and the owner's spouse as their home, the residence and the land on which it is situated, consisting of not more than 320 acres or a half section, subject to the following conditions;

(c) a unit and common interest within the meaning of The Condominium Act, occupied by the owner and the owner's spouse as their home;

(a) in the case of a residence in a city, town or village occupied by the owner and the owner's spouse or common-law spouse as their home, the residence and the land on which it is situated, consisting of

(b) in the case of a residence outside a city, town or village occupied by the owner and the owner's spouse or common-law spouse as their home, the residence and the land on which it is situated, consisting of not more than 320 acres or a half section, subject to the following conditions;

(c) a unit and common interest within the meaning of The Condominium Act, occupied by the owner and the owner's spouse or common-law spouse as their home;

3 This Act applies to all married persons whether or not they are under the age of 18 years, and anything done under or by virtue of this Act by a married person under the age of 18 years is deemed to have been done by an adult.

3 This Act applies to all married persons or common-law partner whether or not they are under the age of 18 years, and anything done under or by virtue of this Act by a married person or common-law partner under the age of 18 years is deemed to have been done by an adult.

4 No owner shall, during his or her lifetime, make a disposition of his or her homestead unless

(a) the owner's spouse consents in writing to the disposition;

(b) the disposition is in favour of the owner's spouse;

(c) the owner's spouse has released all rights in the homestead in favour of the owner under section 11;

(d) the owner's spouse has an estate or interest in the homestead in addition to rights under this Act and, for the purpose of making a disposition of the spouse's estate or interest, is a party to the disposition made by the owner and executes the disposition for that purpose; or

(e) the court has made an order dispensing with the consent of the owner's spouse under section 10.

4 No owner shall, during his or her lifetime, make a disposition of his or her homestead unless

(a) the owner's spouse or common-law partner consents in writing to the disposition;

(b) the disposition is in favour of the owner's spouse or common-law partner;

(c) the owner's spouse or common-law partner has released all rights in the homestead in favour of the owner under section 11;

(d) the owner's spouse or common-law partner has an estate or interest in the homestead in addition to rights under this Act and, for the purpose of making a disposition of the spouse's or common-law partner's estate or interest, is a party to the disposition made by the owner and executes the disposition for that purpose; or

(e) the court has made an order dispensing with the consent of the owner's spouse or common-law partner under section 10.

5(1) Proof as to

(a) whether a person who executes a document or instrument respecting a disposition is or is not married;

(b) whether a person who consents to a disposition is the owner's spouse; or

(c) whether land is or is not a homestead;

may be made by affidavit, statutory declaration or a statement authorized under section 194 of The Real Property Act.

5(1) Proof as to

(a) whether a person who executes a document or instrument respecting a disposition is or is not married or is or is not a common-law partner;

(b) whether a person who consents to a disposition is the owner's spouse or common-law partner; or

(c) whether land is or is not a homestead;

may be made by affidavit, statutory declaration or a statement authorized under section 194 of The Real Property Act.

7 Even if an owner changes his or her residence, the homestead of the owner continues to be his or her homestead until

(a) the owner's spouse consents in writing in the prescribed form to the change of homestead;

(b) the owner's spouse releases his or her rights in the homestead in favour of the owner under section 11; or

(c) the homestead is sold in accordance with this Act.

7 Even if an owner changes his or her residence, the homestead of the owner continues to be his or her homestead until

(a) the owner's spouse or common-law partner consents in writing in the prescribed form to the change of homestead;

(b) the owner's spouse or common-law partner releases his or her rights in the homestead in favour of the owner under section 11; or

(c) the homestead is sold in accordance with this Act.

8(1) If an owner and his or her spouse had, at the time of the owner's death, left the homestead and occupied another residence as their home without the spouse's written consent to a change of homestead, the spouse may elect that the residence occupied at the time of death shall be the homestead.

8(1) If an owner and his or her spouse or common-law partner had, at the time of the owner's death, left the homestead and occupied another residence as their home without the spouse's or common-law partner's written consent to a change of homestead, the spouse or common-law partner may elect that the residence occupied at the time of death shall be the homestead.

8(2) No election shall be made after the earlier of

(b) one month after notice is served on the spouse by the owner's personal representative requiring the spouse to make an election under this section.

8(2) No election shall be made after the earlier of

(c)one month after notice is served on the spouse or common-law partner by the owner's personal representative requiring the spouse or common-law partner to make an election under this section.

8(3) An election shall be made in writing in the prescribed form and be signed by the owner's spouse.

8(3) An election shall be made in writing in the prescribed form and be signed by the owner's spouse or common-law partner.

8(5) When, in a case to which subsection (1) applies,

(a) the owner's spouse does not make an election within the time referred to in subsection (2); or

(b) the owner's spouse notifies the owner's personal representative in writing that he or she does not wish to make an election;

the spouse is not entitled to a life estate in the residence occupied by the owner and the owner's spouse at the time of the owner's death.

8(5) When, in a case to which subsection (1) applies,

(a) the owner's spouse or common-law partner does not make an election within the time referred to in subsection (2); or

(b) the owner's spouse or common-law partner notifies the owner's personal representative in writing that he or she does not wish to make an election;

the spouse or common-law partner is not entitled to a life estate in the residence occupied by the owner and the owner's spouse or common-law partner at the time of the owner's death.

9(4) The form of consent to a disposition or a change of homestead shall include an acknowledgement by the owner's spouse, made apart from the owner,

(a) that the spouse is aware that The Homesteads Act gives the spouse a life estate in the homestead and the right to prevent disposition of the homestead by withholding consent;

(b) that the spouse is aware that the effect of the consent is to give up, to the extent necessary to give effect to the disposition or change of homestead, his or her life estate in the homestead; and

(c) that the spouse executes the consent freely and voluntarily without any compulsion on the part of the owner.

9(4) The form of consent to a disposition or a change of homestead shall include an acknowledgement by the owner's spouse or common-law partner, made apart from the owner,

(a) that the spouse or common-law partner is aware that The Homesteads Act gives the spouse or common-law partner a life estate in the homestead and the right to prevent disposition of the homestead by withholding consent;

(b) that the spouse or common-law partner is aware that the effect of the consent is to give up, to the extent necessary to give effect to the disposition or change of homestead, his or her life estate in the homestead; and

(c) that the spouse or common-law partner executes the consent freely and voluntarily without any compulsion on the part of the owner.

9(6) A consent made in accordance with this section is conclusive proof of the truth of the statements contained in it and of the fact that the spouse who executed it was at the date of execution the spouse of the owner named in it, except against a person acquiring an interest under the disposition who has actual knowledge to the contrary or who participated or colluded in fraud in respect of the disposition.

9(6) A consent made in accordance with this section is conclusive proof of the truth of the statements contained in it and of the fact that the spouse or common-law partner who executed it was at the date of execution the spouse or common-law partner of the owner named in it, except against a person acquiring an interest under the disposition who has actual knowledge to the contrary or who participated or colluded in fraud in respect of the disposition.

10(1) If an owner wishes to dispose of the homestead and the owner's spouse

(a) has been living separate and apart from the owner for six months or more; or

(b) is mentally incapable of giving consent;

the court may, on application by any person interested in the disposition, make an order dispensing with the consent of the owner's spouse if it appears fair and reasonable under the circumstances to do so.

10(1) If an owner wishes to dispose of the homestead and the owner's spouse or common-law partner

(a) has been living separate and apart from the owner for six months or more; or

(b) is mentally incapable of giving consent;

the court may, on application by any person interested in the disposition, make an order dispensing with the consent of the owner's spouse or common-law partner if it appears fair and reasonable under the circumstances to do so.

10(3) The court may make an order under subsection (1) subject to any terms and conditions relating to notice, payment to the owner's spouse, or otherwise, that the court considers appropriate.

10(3) The court may make an order under subsection (1) subject to any terms and conditions relating to notice, payment to the owner's spouse or common-law partner, or otherwise, that the court considers appropriate.

11(1) An owner's spouse may, in writing in the prescribed form and for valuable consideration, release in favour of the owner all rights under this Act in respect of the homestead.

11(1) An owner's spouse or common-law partner may, in writing in the prescribed form and for valuable consideration, release in favour of the owner all rights under this Act in respect of the homestead.

11(3) The form of release shall include an acknowledgement by the owner's spouse, made apart from the owner,

(a) that the spouse is aware that The Homesteads Act gives the spouse a life estate in the homestead and the right to prevent disposition of the homestead by withholding consent;

(b) that the spouse is aware that the effect of the release is to give up the life estate in the homestead; and

(c) that the spouse executes the release freely and voluntarily without any compulsion on the part of the owner.

11(3) The form of release shall include an acknowledgement by the owner's spouse or common-law partner, made apart from the owner,

(a) that the spouse or common-law partner is aware that The Homesteads Act gives the spouse a life estate in the homestead and the right to prevent disposition of the homestead by withholding consent;

(b) that the spouse or common-law partner is aware that the effect of the release is to give up the life estate in the homestead; and

(c) that the spouse or common-law partner executes the release freely and voluntarily without any compulsion on the part of the owner.

11(4) A release made in accordance with this section is conclusive proof

(a) of the truth of the statements contained in the release;

(b) of the fact that the spouse who executed the release was at the date of execution the spouse of the owner named in it; and

(c) that the spouse received valuable consideration for giving the release;

except against a person acquiring an interest under a disposition who has actual knowledge to the contrary.

11(4) A release made in accordance with this section is conclusive proof

(a) of the truth of the statements contained in the release;

(b) of the fact that the spouse or common-law partner who executed the release was at the date of execution the spouse or common-law partner of the owner named in it; and

(c) that the spouse or common-law partner received valuable consideration for giving the release;

except against a person acquiring an interest under a disposition who has actual knowledge to the contrary.

12 On the registration of a release in the appropriate land titles office, the land described in the release ceases to be a homestead, and the owner's spouse ceases to have any rights under this Act in the land described in the release.

12 On the registration of a release in the appropriate land titles office, the land described in the release ceases to be a homestead, and the owner's spouse or common-law spouse ceases to have any rights under this Act in the land described in the release.

13 An owner and the owner's spouse may terminate a release by each of them signing a written consent to terminate in the prescribed form, and on the registration of the consent in the appropriate land titles office, the land to which the consent relates is again the homestead, subject to any rights that have arisen since the giving of the release.

13 An owner and the owner's spouse or common-law partner may terminate a release by each of them signing a written consent to terminate in the prescribed form, and on the registration of the consent in the appropriate land titles office, the land to which the consent relates is again the homestead, subject to any rights that have arisen since the giving of the release.

14(1) The court may, on application by either an owner or an owner's spouse, make an order terminating a release and directing the district registrar to discharge the release if the court is satisfied that

(a) the release was given without adequate valuable consideration;

(b) the release was given by reason of the spouses having been separated;

(c) the spouses have reconciled and resumed cohabitation; and

(d) the rights or interests of any third party will not be adversely affected by a termination of the release.

14(1) The court may, on application by either an owner or an owner's spouse or common-law partner, make an order terminating a release and directing the district registrar to discharge the release if the court is satisfied that

(a) the release was given without adequate valuable consideration;

(b) the release was given by reason of the spouses or common-law partners having been separated;

(c) the spouses or common-law partners have reconciled and resumed cohabitation; and

(d) the rights or interests of any third party will not be adversely affected by a termination of the release.

Liability for fraudulent disposition

16(1) An owner who makes a fraudulent or wrongful disposition of the homestead by failing to obtain

(a) the consent of his or her spouse as required by this Act; or

(b) an order dispensing with the spouse's consent under section 10;

is liable to the spouse in an action for damages.

Liability for fraudulent disposition

16(1) An owner who makes a fraudulent or wrongful disposition of the homestead by failing to obtain

(a) the consent of his or her spouse or common-law partner as required by this Act; or

(b) an order dispensing with the spouse's or common-law partner's consent under section 10;

is liable to the spouse or common-law partner in an action for damages.

16(4) No action shall be commenced under this section after the earlier of

(a) six months from the discovery by the owner's spouse of the disposition; or

(b) six months from the date of death of the owner.

16(4) No action shall be commenced under this section after the earlier of

(a) six months from the discovery by the owner's spouse or common-law partner of the disposition; or

(b) six months from the date of death of the owner.

16(5) The court may, in its discretion, determine the amount of a spouse's damages under this section, subject to such terms and conditions as the court considers appropriate.

16(5) The court may, in its discretion, determine the amount of a spouse's or common-law partner's damages under this section, subject to such terms and conditions as the court considers appropriate.

17 If

(a) an owner's spouse recovers damages under section 16 which cannot be satisfied in whole or in part out of the property of the owner; and

(b) the requirements of subsection 16(2) have been met;

the provisions of The Real Property Act respecting actions against district registrars and recovery from the assurance fund apply, with necessary modifications.

17 If

(a) an owner's spouse or common-law partner recovers damages under section 16 which cannot be satisfied in whole or in part out of the property of the owner; and

(b) the requirements of subsection 16(2) have been met;

the provisions of The Real Property Act respecting actions against district registrars and recovery from the assurance fund apply, with necessary modifications.

18 If an owner's spouse recovers a judgment against the owner under section 16 and the judgment has been fully paid,

(a) the owner's spouse ceases to have any rights under this Act in any land registered or to be registered in the owner's name; and

18 If an owner's spouse or common-law partner recovers a judgment against the owner under section 16 and the judgment has been fully paid,

(a) the owner's spouse or common-law partner ceases to have any rights under this Act in any land registered or to be registered in the owner's name; and

19(1) An owner's spouse who is entitled to rights in a homestead under this Act may register a homestead notice in the prescribed form in the appropriate land titles office claiming an interest in the homestead.

19(1) An owner's spouse or common-law partner who is entitled to rights in a homestead under this Act may register a homestead notice in the prescribed form in the appropriate land titles office claiming an interest in the homestead.

20(2) A homestead notice shall be vacated by the district registrar

(a) on the registration of a consent by the owner's spouse to a disposition that disposes of all of the owner's interest in the entire homestead;

(b) on the registration of a consent by the spouse to a change of the homestead;

(c) on the registration of a release by the spouse, in favour of the owner, of the spouse's rights in respect of the homestead;

(d) on the filing of proof, satisfactory to the district registrar, of the death of the spouse;

(e) on the filing of an order of the court under section 10 dispensing with the consent of the spouse to a disposition of the homestead;

(f) on the filing of proof, satisfactory to the district registrar, that the spouses are divorced; and

(g) on registration of a transfer or conveyance to complete a sale of the homestead by a disposition to which the spouse has consented.

20(2) A homestead notice shall be vacated by the district registrar

(a) on the registration of a consent by the owner's spouse or common-law partner to a disposition that disposes of all of the owner's interest in the entire homestead;

(b) on the registration of a consent by the spouse or common-law partner to a change of the homestead;

(c) on the registration of a release by the spouse or common-law partner, in favour of the owner, of the spouse's or common-law partner's rights in respect of the homestead;

(d) on the filing of proof, satisfactory to the district registrar, of the death of the spouse or common-law partner;

(e) on the filing of an order of the court under section 10 dispensing with the consent of the spouse or common-law partner to a disposition of the homestead;

(f) on the filing of proof, satisfactory to the district registrar, that the spouses are divorced or the common-law partners have ceased cohabitation for at least one year; and

(g) on registration of a transfer or conveyance to complete a sale of the homestead by a disposition to which the spouse or common-law partner has consented.

20(3) Notwithstanding that a homestead notice has been registered, if

(a) the owner's spouse has consented to a disposition of the homestead that does not dispose of all of the owner's interest in the entire homestead; or

(b) the court has made an order under section 10 dispensing with the consent of the spouse to a disposition of the homestead that does not dispose of all of the owner's interest in the entire homestead;

the district registrar may complete registration of the disposition free of the homestead notice, but the notice is not thereby vacated or made ineffective in respect of any legal or equitable title or interest of the owner in the homestead that is not affected by the disposition.

20(3) Notwithstanding that a homestead notice has been registered, if

(a) the owner's spouse or common-law partner has consented to a disposition of the homestead that does not dispose of all of the owner's interest in the entire homestead; or

(b) the court has made an order under section 10 dispensing with the consent of the spouse or common-law partner to a disposition of the homestead that does not dispose of all of the owner's interest in the entire homestead;

the district registrar may complete registration of the disposition free of the homestead notice, but the notice is not thereby vacated or made ineffective in respect of any legal or equitable title or interest of the owner in the homestead that is not affected by the disposition.

21(1) When an owner dies leaving a surviving spouse, the spouse is entitled to a life estate in the homestead as fully and effectually as if the owner had by will left the spouse a life interest in the homestead.

21(1) When an owner dies leaving a surviving spouse and/or common-law partner, the spouse or common-law partner who first acquired homestead rights in the property is entitled to a life estate in the homestead as fully and effectually as if the owner had by will left the spouse or common-law partner a life interest in the homestead.

21(2) Any disposition of a homestead by the owner's will is subject to the spouse's entitlement to a life estate in that homestead under subsection (1).

21(2) Any disposition of a homestead by the owner's will is subject to the spouse's or common-law partner's entitlement to a life estate in that homestead under subsection (1).

22(1) An owner's spouse may consent to a disposition of his or her interest in the homestead after the death of the owner.

22(1) An owner's spouse or common-law partner may consent to a disposition of his or her interest in the homestead after the death of the owner.

22(2) A consent under subsection (1) shall be in the prescribed form and be executed by the owner's spouse in the presence of a witness who shall

(a) verify the signature of the spouse by an affidavit of execution; or

(b) if the witness is a person described in subsection 72(4) of The Real Property Act, comply with the requirements of that subsection.

22(2) A consent under subsection (1) shall be in the prescribed form and be executed by the owner's spouse or common-law partner in the presence of a witness who shall

(a) verify the signature of the spouse or common-law partner by an affidavit of execution; or

(b) if the witness is a person described in subsection 72(4) of The Real Property Act, comply with the requirements of that subsection.

23(1) A consent to a disposition, a consent to a change of homestead or a release may be executed by an attorney on behalf of an owner's spouse if the power of attorney expressly authorizes the attorney to execute a consent or release under this Act.

23(1) A consent to a disposition, a consent to a change of homestead or a release may be executed by an attorney on behalf of an owner's spouse or common-law partner if the power of attorney expressly authorizes the attorney to execute a consent or release under this Act.

23(2) Despite subsection (1), an owner shall not execute a consent, a release, a consent to terminate a release or a discharge of homestead notice as attorney for his or her spouse.

23(2) Despite subsection (1), an owner shall not execute a consent, a release, a consent to terminate a release or a discharge of homestead notice as attorney for his or her spouse or common-law partner.

23(3) An owner's spouse who appoints an attorney to give a consent or release under this Act shall, when executing the power of attorney, acknowledge apart from the owner

(a) that the spouse is executing the power of attorney freely and voluntarily without any compulsion on the part of the owner; and

(b) that the spouse is aware of the nature and effect of the power of attorney.

23(3) An owner's spouse or common-law partner who appoints an attorney to give a consent or release under this Act shall, when executing the power of attorney, acknowledge apart from the owner

(a) that the spouse or common-law partner is executing the power of attorney freely and voluntarily without any compulsion on the part of the owner; and

(b) that the spouse or common-law partner is aware of the nature and effect of the power of attorney.

23(5) When a consent or release is executed by an attorney or a committee of or a substitute decision maker for property for an owner's spouse, the acknowledgement required under subsection 9(4) or 11(3) need not form part of the consent or release, by the attorney, committee or substitute decision maker for property shall execute the consent or release in the presence of a witness who shall

(a) verify the signature of the attorney, committee or substitute decision maker for property by an affidavit of execution; or

(b) if the witness is a person described in subsection 72(4) of The Real Property Act, comply with the requirements of that subsection.

23(5) When a consent or release is executed by an attorney or a committee of or a substitute decision maker for property for an owner's spouse or common-law partner, the acknowledgement required under subsection 9(4) or 11(3) need not form part of the consent or release, by the attorney, committee or substitute decision maker for property shall execute the consent or release in the presence of a witness who shall

(a) verify the signature of the attorney, committee or substitute decision maker for property by an affidavit of execution; or

(b) if the witness is a person described in subsection 72(4) of The Real Property Act, comply with the requirements of that subsection.

24 An owner shall not execute a disposition referred to in clause 4(d) (spouse as a party to a disposition) as attorney for his or her spouse.

24 An owner shall not execute a disposition referred to in clause 4(d) (spouse or common-law partner as a party to a disposition) as attorney for his or her spouse or common-law partner.

25(1) The committee of a spouse may for the purpose of this Act, without an order of the court,

25(1) The committee of a spouse or common-law partner may for the purpose of this Act, without an order of the court,

25(2) The substitute decision maker for property of a spouse who has been granted power under clause 92(2)(1) of The Vulnerable Persons Living with a Mental Disability Act may, for the purpose of this Act, do any of the matters set out in subsection (1) without an order of the court.

25(2) The substitute decision maker for property of a spouse or common-law partner who has been granted power under clause 92(2)(1) of The Vulnerable Persons Living with a Mental Disability Act may, for the purpose of this Act, do any of the matters set out in subsection (1) without an order of the court.

26(2) The court, on application, may make an order validating a document that lacks any formality required by this Act if the court is satisfied that

(a) the document was executed voluntarily of the spouse's own free will and without compulsion on the part of the owner;

(b) the spouse was aware of the nature and effect of the document; and

(c) any consent or release required under subsection 9(4) or 11(3) was given by the spouse apart from the owner.

26(2) The court, on application, may make an order validating a document that lacks any formality required by this Act if the court is satisfied that

(a) the document was executed voluntarily of the spouse's or common-law partner's own free will and without compulsion on the part of the owner;

(b) the spouse or common-law partner was aware of the nature and effect of the document; and

(c) any consent or release required under subsection 9(4) or 11(3) was given by the spouse or common-law partner apart from the owner.

28 Nothing in this Act prohibits a person, for valuable consideration, from releasing or contracting out of his or her rights under this Act, either before or after marriage.

28 Nothing in this Act prohibits a person, for valuable consideration, from releasing or contracting out of his or her rights under this Act, either before or after marriage or cohabitation.