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In This Volume

103 (1) In this section, “spouse’s interest” means the interest of a spouse arising under section 81, a property agreement or an order respecting property division.

  • (2) Section 29 of the Land Title Act applies to a spouse’s interest in land.
  • (3) If, on acquiring property other than land, a person does not have actual notice of a spouse’s interest in the property, the spouse’s interest is not enforceable against that person.
  • (4) Despite subsections (2) and (3), a spouse’s interest is enforceable against the other spouse from the date of separation, unless a property agreement between the spouses, or an order, provides otherwise.

2011-25-103, effective March 18, 2013 (B.C. Reg. 131/2012).

PRACTICE

Section 29 of the Land Title Act

A spouse’s unregistered interest in land is not enforceable against a person, contract or dealing with or proposing to take a transfer of land or charge on land from a registered owner, even if the person had express, implied or constructive notice of the interest, except in the case of fraud in which that person has participated.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

See Di Castri, Registration of Title to Land, vol. 1, para. 319.