Acts and Regulations

2012, c.107 - Marital Property Act

Section 19
Disposition versions

Full text
Disposition of interest in marital home
19(1)No spouse shall make a disposition of any interest in a marital home unless
(a) the other spouse joins in the instrument,
(b) if the disposition is not made by an instrument, the other spouse consents to the disposition,
(c) the other spouse has released all rights to the marital home under this Part by a domestic contract,
(d) the marital home has been released from the application of this Part by an order under paragraph 23(1)(b), or
(e) the disposition has been authorized by the Court.
19(2)If a spouse makes a disposition of an interest in a marital home in contravention of subsection (1), the disposition may be set aside on an application under section 22 unless the person holding the interest at the time of the application acquired it for value, in good faith and without notice that the property was at the time of the disposition a marital home.
19(3)For the purposes of subsection (2), a person who at the time of the disposition relies on an affidavit of the person making the disposition verifying
(a) that he or she is not, or was not, a spouse at the time of the disposition,
(b) that the property has never been occupied by the person and his or her spouse as their marital home,
(c) that the other spouse has released all rights to the marital home under this Part by a domestic contract, or
(d) that the property has been released from the application of this Part by an order under paragraph 23(1)(b),
shall, unless the person to whom the disposition is made had actual notice to the contrary, be deemed to have acquired the property in good faith and without notice that it was at the time of the disposition a marital home.
1980, c.M-1.1, s.19
Disposition of interest in marital home
19(1)No spouse shall make a disposition of any interest in a marital home unless
(a) the other spouse joins in the instrument,
(b) if the disposition is not made by an instrument, the other spouse consents to the disposition,
(c) the other spouse has released all rights to the marital home under this Part by a domestic contract,
(d) the marital home has been released from the application of this Part by an order under paragraph 23(1)(b), or
(e) the disposition has been authorized by the Court.
19(2)If a spouse makes a disposition of an interest in a marital home in contravention of subsection (1), the disposition may be set aside on an application under section 22 unless the person holding the interest at the time of the application acquired it for value, in good faith and without notice that the property was at the time of the disposition a marital home.
19(3)For the purposes of subsection (2), a person who at the time of the disposition relies on an affidavit of the person making the disposition verifying
(a) that he or she is not, or was not, a spouse at the time of the disposition,
(b) that the property has never been occupied by the person and his or her spouse as their marital home,
(c) that the other spouse has released all rights to the marital home under this Part by a domestic contract, or
(d) that the property has been released from the application of this Part by an order under paragraph 23(1)(b),
shall, unless the person to whom the disposition is made had actual notice to the contrary, be deemed to have acquired the property in good faith and without notice that it was at the time of the disposition a marital home.
1980, c.M-1.1, s.19