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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.