Does the husband have unencumbered title to farmland?

Alberta, Canada


The following excerpt is from Siegel v. Siegel, 2011 ABQB 540 (CanLII):

In this case, however, the husband did disclose to the wife that he had an interest in the farmland and that there was money owing on the farmland, which would suggest that he did not have unencumbered title. After receiving independent legal advice, the wife did not inquire about the property or seek additional information about the proposed exemption. If the wife was unaware of the exact interest owned by the husband in the farmland, that does not take away from the fact that she was aware that she was giving up her claim to the farmland: see Tardif v. Campbell, 2008 ABQB 776, 63 R.F.L. (6th) 220, at paras. 40-43 for a similar interpretation.

Other Questions


Is a common law wife entitled to use the term "common law husband" in the context of the common law husband? (Alberta, Canada)
Is there a resulting trust where a non-titled party has contributed directly or indirectly to the acquisition by the title holder of the property or the improvement of such property? (Alberta, Canada)
What is the effect of a finding that the failure of the husband’s lawyer to attend the hearing would prejudice the husband? (Alberta, Canada)
What is the effect of previous predecessors in title being admitted in title? (Alberta, Canada)
Does the Wife have a claim against the Husband under the Divorce and Divorce Act? (Alberta, Canada)
What is the test for fraud under the Land Titles Act? (Alberta, Canada)
What is the test for an application by a husband to claim an additional income from his wife on behalf of his wife? (Alberta, Canada)
Is a husband entitled to share his post-separation income with his wife if he has obtained his M.B.A. degree and developed skills during the marriage? (Alberta, Canada)
What is the test for aboriginal title in Canada? (Alberta, Canada)
What is the test for retaining title to a property in the name of a person who has transferred it into another person's name gratuitously? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.