A homestead is a residence, and possibly some or all of the lands upon which the residence is situated, occupied by the owner and the owner's spouse or common-law partner as their home. A condominium unit and associated common elements can also be a homestead. Before allowing certain documents to be registered in land titles (including transfers and mortgages), land titles will need to know if the land is a homestead and, if it is, may require certain other information, including the consent of the owner’s spouse or common-law partner. As this is a legal question land titles will not advise whether or not a particular parcel of land is a homestead. We advise that you consult a lawyer on this matter.
Here are some examples of acceptable homestead statements:
- This land is not my homestead.
- The person consenting to this disposition is my spouse or common-law partner and no other person has homestead rights in this land.
- My co-transferor is my spouse or common-law partner and no other person has homestead rights in this land.
- The court has made an order dispensing with the consent of my spouse or common-law partner and no other person has homestead rights in this land.
- The transferee is my spouse or common-law partner This transferee is acquiring all my interest in this land. No other person has homestead rights in this land.
- I am one of the transferees and the other transferee is my spouse or common-law partner. I am not making a disposition in favour any party other than this transferee. No other person has homestead rights in this land.