35 Circumstances When Registrable Charge Becomes Payable

35 (1) In this section, “charge” has the same meaning as in the Land Title Act.

• (2) In addition to the circumstances described in section 34(1), a registrable charge also becomes due and payable if the court, on application by or on behalf of the owner of the registrable charge, orders that it should become due and payable because of the following:

• (a) the surviving spouse has not paid an amount required to be paid under or secured by a charge registered against the title of the spousal home in priority to the registrable charge;
• (b) a tax or other charge is levied against the title of the spousal home and has not been paid, unless payment has been lawfully deferred;
• (c) an action or failure to take action jeopardizes the value of the spousal home to such an extent that it no longer provides sufficient security for the total amount secured by the registrable charge;
• (d) the provisions of the registrable charge have not been complied with or an event has occurred pursuant to those provisions by which the amount secured by the registrable charge becomes due and payable.

• (3) If a registrable charge becomes payable by order of the court under subsection (2), the surviving spouse has a period of 180 days to sell the spouse’s interest in the spousal home in order to pay, in full, the amount secured by the registrable charge.
• (4) After the period referred to in subsection (3), the owner of the registrable charge may take any action in respect of the registrable charge that a mortgagee of land may take under the prescribed standard mortgage terms under the Land Title Act if the surviving spouse has not sold the spouse’s interest in the spousal home or the owner of the registrable charge has not been paid.
• (5) The owner of a registrable charge may, before or after it is registered in a land title office, postpone the priority of the registrable charge to other charges.
• (6) The owner of a registrable charge may sell, assign or otherwise dispose of the registrable charge before or after it is registered in a land title office in a form approved by the Director of Land Titles.
• (7) If the sale of a spousal home yields sale proceeds that are not sufficient to pay the full amount secured by a registrable charge the court may order the release of the registrable charge, but may not make any order to recover from the estate, the surviving spouse or the estate of the surviving spouse any shortfall resulting from the insufficiency of sale proceeds to pay the amount secured by the registrable charge.

2009-13-35, effective March 31, 2014 (B.C. Reg. 148/2013); 2023-10-1180.