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In This Volume

  • 10 (1) A homestead or part of a homestead and the benefits and privileges conferred on the spouse on whose behalf an entry is made under this Act in respect of the homestead or any part of it may be abandoned by that spouse by a document, in the prescribed form, abandoning the homestead rights.
  • (2) The registrar must cancel the entry on receiving an application in the form prescribed for applying for the cancellation of an entry, accompanied by the document referred to in subsection (1).

1979-223-11; 1985‑68‑74, effective April 17, 1985 (B.C. Reg. 392/85).

REGULATIONS AND FORMS

Abandonment of Benefits and Privileges

The Forms Regulation, B.C. Reg. 85/97, effective April 21, 1997, prescribes the use of Form C.

Application for Cancellation of an Entry

The Forms Regulation, B.C. Reg. 85/97, effective April 21, 1997, prescribes the use of Form D.

PRACTICE

Submissions

On the Form 17 Cancellation of Charge, Notation or Filing, select Nature of Interest, Land (Spouse Protection) Act Charge, and attach an image of the originally signed Form C and Form D.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

See Di Castri, Registration of Title to Land, vol. 1, paras. 314 and 321.

CASE LAW

Where a spouse abandons homestead rights by the execution and filing of a Form C, that spouse is not entitled to record a second entry against the same land unless there was fraud or trickery on the part of the other spouse (Read v. Read, 1950 CanLII 499 (BC CA)).