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In This Volume

  • 12 (1) A spouse or the personal representative of the spouse may by summons call on the other spouse to attend before a court of competent jurisdiction to show cause why an entry should not be discharged if
  • (a) an entry under section 2 has been made on the register, and
  • (b) the spouse in whose name the homestead is registered, or that spouse’s personal representative, claims
    • (i) that the land affected or a part of it is not a homestead, or
    • (ii) that the entry for any other reason should not have been made.
  • (2) On proof that the spouse has been summoned as required by subsection (1), and on evidence that the court may require, the court may make an order that it considers appropriate in the circumstances.

1979-223-13; 1985-68-75, effective April 17, 1985 (B.C. Reg. 392/85).

PRACTICE

Filing Order with Registrar

The registrar requires an application in Form 17 and a certified copy of the court order.

Electronic 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 court certified copy of the court order.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

See Di Castri, Registration of Title to Land, vol. 1, para. 321.

CASE LAW

See the annotation for Re Wife’s Protection Act (Linton’s Case), [1951] 3 W.W.R. (N.S.) 509 (B.C.S.C.), under s. 1 of this Act.