Difference between revisions of "Assets of Couples (3:IX)"

This Act applies where a party has elected not to commence legal proceedings, but needs to protect his or her interest in real property. It  provides an alternative to a Certificate of Pending Litigation for a married spouse (not common law) where the “property” was the “matrimonial  home”. The Act allows a charge to be placed on land that will prevent disposition of the property without the written consent of the applicant  for the charge (refer to the ''Land (Spouse Protection) Act'' and the ''Land Title Act'' for the registration procedure). Note that this only applies while the parties are legally married. The charge may be struck out on the death of, or final divorce from, the applicant.  

Registration of a charge by one spouse under the ''Land (Spouse Protection) Act'' prevents the other spouse from selling or encumbering his or her share, but is not protection against a creditor who could obtain an order for sale of the house. So long as one is legally married to his or her spouse, one may file against the property without the other spouse’s notice or consent, in order to prevent the transfer of the property.