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2 (1) If a spouse or a person’s spouse on the person’s behalf applies to the registrar for an entry on the register that a homestead is subject to this Act the registrar must make the entry

  • (a) if the application is in the prescribed form,
  • (b) the application is accompanied by an affidavit of the applicant spouse in the prescribed form, and
  • (c) the registrar is satisfied that there has been compliance with this Act.
  • (2) The application for an entry may be made by a spouse in person or on a person’s behalf by that person’s spouse, solicitor or authorized agent.
  • (3) The person making the application must reside in British Columbia and must be 19 years or older.


Affidavit, Form A

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

Application for Entry

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




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


See Di Castri, Registration of Title to Land, vol. 1, paras. 320 and 321.


A spouse must make application for an entry before the death of the other spouse (Re Kergin Estate (1974), 47 D.L.R. (3d) 592 (B.C.S.C.)).

The parties lived together in a marriage-like relationship from 2002 to August 2016. In March 2012, the respondent transferred title to the home in which the parties lived into the petitioner’s name, saying he did so for financing purposes. In 2021, the petitioner sought an order removing a Land (Spouse Protection) Act charge filed by the respondent on the home, saying it was out of time. The respondent agreed he was out of time to make a Family Law Act claim, but said the 2012 transfer gave rise to a trust and that the now-repealed Limitation Act, R.S.B.C. 1996, c. 266, which was then in force, gave him 10 years in which to make a claim. The court rejected that argument, finding the Limitation Act, S.B.C. 2012, c. 13, which came into effect on June 1, 2013, applied. As the claim arose after that date, the transition provisions of that Act did not assist the respondent. The court found the claim statute-barred and ordered removal of the charge pursuant to s. 249 of the Land Title Act (Dozzi v. Hogg, 2021 BCSC 633).