Land Title Practice Manual

26 Right To Spousal Home

In This Volume

  • 26 (1) This Division applies to
  • (a) an intestate estate that includes a spousal home, and
  • (b) an estate in respect of which the spousal home is not the subject of a gift or otherwise disposed of by a will.
  • (2) If this Division applies, the surviving spouse may acquire the spousal home from the personal representative to satisfy, in whole or in part, the surviving spouse’s interest in the estate in accordance with this Division.

2009-13-26, effective March 31, 2014 (B.C. Reg. 148/2013).

PRACTICE

The registrar will require a personal representative to provide evidence of consent by the surviving spouse to the transfer of the spousal home where

  1. the spousal home is
    1. part of an intestate estate, or
    2. not the subject of either a specific bequest of the real property or a blanket residual clause, and
  2. the disposition is being done during the 180-day period after issuance of the representation grant or extended period ordered by the court.

The registrar will not require a personal representative who is acting under a will that contains either a specific bequest of the real property or a blanket residual clause to provide evidence of consent by the surviving spouse to the transfer, or to confirm that the property is not a spousal home.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

Consent to Spousal Home Transfers

See Practice Note 01-16, consent to spousal home transfers under the Wills, Estates and Succession Act, available at ltsa.ca.

Cancellation of Entry under Land (Spouse Protection) Act

See the discussion of the requirements for cancelling an entry under s. 11 of the Land (Spouse Protection) Act at chapter 42 (Family Matters).