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What Are Restrictions On Transfer Of Property Of Married Persons?

The Homesteads Act defines "homestead" as " residence…occupied by the (married) owner the owner's spouse as their home…" and gives a surviving spouse a life interest in such property.

No homestead property may be transferred or mortgaged by one married person to a third party without the consent of the other spouse, unless a consent to such disposition has been obtained in required form or a court order dispensing with consent has been obtained, which release or court order must be registered in the land titles office in which such land is registered.

Dealing with land subject to the Homesteads Act involves affidavits and formalities that usually require the services of a lawyer.

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