In what circumstances have the courts found that a joint owner of a homestead can transfer interest in the homestead without the consent of the wife?

Saskatchewan, Canada


The following excerpt is from Suppes v. Wellings, 1982 CanLII 2678 (SK QB):

It would seem that all three of these cases were decided on the ground of unconscionability rather than estoppel, but again, in the final result, a transfer of interest in a homestead was not held to be null and void where the wife had consented although the provisions of the Homesteads Act as to the formalities (required before registration of such a document could take place) were not observed. It is to be noted that Baldwin v. Rhinhart, supra, appears to be the only case where the wife was a joint owner and signed the document in question as joint owner.

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