What is the test for a spouse's consent to disposition of a homestead?
Alberta, Canada
The following excerpt is from Warnke v. Skrobek, 2000 ABQB 742 (CanLII):
The decision of Shopsky v. Danyliuk (1959) 1959 CanLII 285 (AB QB), 30 W.W.R. 647 held that the transfer of land was null and void by virtue of non compliance with the Act and that the Act provides a positive protection to any disposition of a homestead during the lifetime of the spouse unless such spouse consents in writing to the disposition.
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