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In This Volume

  • 11 On application in the form prescribed for applying for the cancellation of an entry, accompanied by evidence satisfactory to the registrar that the spouse on whose behalf the entry was made has died, or that a decree has been pronounced dissolving or annulling the marriage of the spouse on whose behalf an entry was made to the spouse in whose name the homestead is registered, the registrar must cancel the entry.

PRACTICE

Evidence Satisfactory to the Registrar

Death of Spouse

The registrar requires a death certificate of the spouse who obtained the entry, together with an application in Form D under this Act.

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 D and the original death certificate.

Divorce or Annulment

The registrar requires a certified copy of the certificate of divorce or a certified copy of a decree of nullity of the court, together with an application in Form D under this Act.

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 D and the court certified copy of the certificate of divorce or the court certified copy of a decree of nullity.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

See Di Castri, Registration of Title to Land, vol. 1, paras. 303 and 321.