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In This Volume

  • 8 (1) On application by petition and on being satisfied that it is fair and reasonable under the circumstances to do so, the Supreme Court may dispense with the consent of a spouse, on whose behalf an entry is made, to a proposed disposition if
  • (a) the spouses are living apart,
  • (b) the spouse on whose behalf the entry is made
    • (i) has not since the marriage lived in British Columbia, or
    • (ii) unreasonably withholds consent, or
  • (c) the whereabouts of the spouse referred to in paragraph (b) is unknown.
  • (2) An order under subsection (1) may be made on terms and conditions as to payment into court or otherwise that the court in the circumstances thinks proper.
  • (3) If the court is satisfied that the spouse on whose behalf the entry is made has not, since the marriage, lived in British Columbia or the whereabouts of that spouse is unknown, it may dispense with the giving of notice of the application for the order or give other directions as to service of the notice.
  • (4) If the spouse on whose behalf entry is made is a mentally disordered person or person of unsound mind, notice of an application to dispense with the consent of that spouse must be served in the manner provided by the rules of the Supreme Court for the service of writs on those persons.
  • (5) On the order being filed with the registrar at the proper land title office, and on compliance with the Land Title Act, the registrar must register the transfer.

1979-223-9; 1985‑68‑71, 72, effective April 17, 1985 (B.C. Reg. 392/85).

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

See Di Castri, Registration of Title to Land, vol. 1, para. 310.