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“Point in Time” Act Content

LAND (SPOUSE PROTECTION) ACT

[RSBC 1996] CHAPTER 246

NOTE: Links below go to act content as it was prior to the changes made on the effective date. (PIT covers changes made from September 6, 2000 to "current to" date of the act.)
SECTIONEFFECTIVE DATE
1November 24, 2011
 March 18, 2013
3November 24, 2011
4March 31, 2014
5March 18, 2013
6March 18, 2013
14January 20, 2005

  Section 1 definition of "homestead" BEFORE amended by 2011-25-388, effective November 24, 2011 (Royal Assent).

"homestead" means land or any interest in it entitling the owner to possession of it that is registered in the records of the land title office in the name of the husband or wife and on which there is a dwelling occupied by the husband and wife as their residence, or that has been so occupied within the period of one year immediately preceding the date of the making of the application under section 2.

  Section 1 definition of "spouse" was added by 2011-25-389, effective March 18, 2013 (BC Reg 131/2012).

  Section 3 (1) BEFORE amended by 2011-25-390, effective November 24, 2011 (Royal Assent).

 When disposition without consent of spouse is void

3  (1)  If an entry has been made on the register under section 2, a disposition of the homestead by a spouse during the life of that spouse if the interest of that spouse must or may vest in any other person at any time during the life of that spouse, or during the life of the husband or wife of that spouse living at the date of the disposition, is void for all purposes unless made with the written consent of the spouse on whose behalf the entry is made.

  Section 4 (1) BEFORE amended by 2009-13-226, effective March 31, 2014 (BC Reg 148/2013).

(1) If an entry has been made on the title under section 2, section 77 (1) of the Estate Administration Act applies to the devolution of the homestead.

  Section 5 BEFORE amended by 2011-25-391, effective March 18, 2013 (BC Reg 131/2012).

 Spouses living apart

5  If at the time of death of a spouse, the surviving spouse is living apart from the deceased spouse under circumstances disentitling the surviving spouse to alimony, no life estate vests in the surviving spouse and the surviving spouse does not take any benefit under this Act.

  Section 6 BEFORE re-enacted by 2011-25-392, effective March 18, 2013 (BC Reg 131/2012).

 Effect of divorce

6  This Act ceases to apply on the pronouncement of a decree of dissolution or nullity of the marriage of the spouse with respect to whom the entry is made under this Act to the spouse in whose name the homestead is registered.

  Section 14 BEFORE repealed by 2004-66-65, effective January 20, 2005 (BC Reg 16/2005).

 Land title fees

14  The registrar of the land title district is entitled to take for every application for

(a) an entry, including the filing of the affidavit $2.50;

(b) abandonment or cancellation of a homestead, including filing of evidence $2.50.