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The Pamphlet Collection of Sir Robert Stout: Volume 47

Homestead Exemption Estates

Homestead Exemption Estates.

Chap. 15.—A person owning land in the Territories with a house thereon may register eighty acres of it, if in the country, or a town lot on which the house stands as a homestead, in the local Registry office. If the owner's estate be only for life, it shall be so stated, and the homestead right is in like manner limited. It becomes exempt from seizure up to the value of 2,000, except for a mortgage or lien for the purchase money or for taxes. Upon affidavit of the marriage of the homestead owner, the wife's name is entered and she becomes joint owner. Upon production of proof of separation, and adultery, her name may be struck out and her rights cease. The homestead can; only be alienated with consent of the wife while her rights subsist, or if there are minor children, with consent of a Stipendiary Magistrate or Judge having jurisdiction there. On the husband's death the homestead goes to the wife for life or to the minor children till they come of age. If the homestead becomes worth more than $2,000, a creditor or assignee or other representative of creditors may prosecute his claim. If the parties agree upon a value and a portion to be sold as representing the excess over $2,000, that is sold in satisfaction of the claim; if they do not, all may be sold and $2,000, with consent of the wife, paid back, or without it, paid into a Government! Saving's Bank, to be drawn out on their joint order, or that of the survivor—the money being exempt from seizure. The valuation and sale may take place in like manner when the homestead has been vested in the widow or children. The application for registration must be supported by an affidavit of some third party knowing the applicant and nature of the estate. When the whole of a property is not registered as a homestead, a diagram of this part must be entered with the description in the register. The widow cannot retain her life interest in the homestead as such, and of the other property of her husband dying intestate. She must choose between them. If he leaves a will, she may take what falls to her by descent, or devise or as homestead, not by all or two. If she do not choose the homestead, she notifies the Registrar, who cancels the exemption. The same rule applies to a married woman's lands and the rights acquired by her husband and minor children. "The Territories" include the district of Keewatin.