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In This Volume

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.

1979-223-2; 1985‑68‑64, effective April 17, 1985 (B.C. Reg. 392/85).

REGULATIONS AND FORMS

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.

PRACTICE

Application

Submissions

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.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

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

CASE LAW

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.)).