28 Prohibition On Disposing Of Spousal Home | Land Title Practice Manual

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28 A personal representative must not, without the written consent of the surviving spouse, dispose of the spousal home during the 180 days after the date on which the representation grant is issued or for any period of time extended under section 27(2) unless assets other than the spousal home are not sufficient to pay the debts and liabilities of the estate and a mortgage or charge on the spousal home would not raise sufficient money to pay those debts and liabilities.

2009-13-28, effective March 31, 2014 (B.C. Reg. 148/2013).

PRACTICE

Registrar Requires Consent of Spouse

Consent from the spouse is required for all transfers made within 180 days of the issuing of the representation grant. In lieu of consent, the registrar will consider written evidence from the personal representative that the assets of the estate and the mortgaging of the spousal home are insufficient to raise sufficient money to pay the debts and liabilities of the estate.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

See also ss. 29 to 32 of the Wills, Estates and Succession Act for further requirements with respect to the spousal home.