What is the test for obtaining the consent of a husband to sell his wife’s interest in the sale of their property?

Alberta, Canada


The following excerpt is from McNeil v. Martin, 1982 ABCA 351 (CanLII):

Recognizing the impracticality of the situation which patently flowed from the 1919 amendment, Beck, J.A. said in Johnsen v. Johnsen at page 277: “When, as here, such cases arise, probably means can be found according to circumstances to have the wife’s consent on terms to the sale of the land freed of her interest or to have the execution debtor obtain an order to dispense with her consent to a sale by him in order to prevent what would otherwise likely result in a sacrifice of the property with a loss to all concerned.”

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