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9 (1) If the spouse on whose behalf an entry is made has executed a contract for sale of the homestead, joined in the execution of it with the other spouse or given written consent to the execution of it, and the consideration under the contract has been totally or partly performed by the purchaser, the spouse on whose behalf the entry was made is, in the absence of fraud on the part of the purchaser, deemed to have consented to the sale in accordance with this Act.

  • (2) If a subsequent disposition by way of transfer of the homestead is presented for registration under the Land Title Act, the consent previously given or the agreement executed, if produced and filed with the registrar, is sufficient for the purposes of this Act.


See Di Castri, Registration of Title to Land, vol. 1, paras. 311, 313, and 321.