Homesteads Act evidence required
Homesteads Act evidence regarding the bankrupt must be provided by the trustee when executing a disposition of lands that have become vested in it by reason of a bankruptcy. Where the spouse or common-law partner of a bankrupt has rights under The Homesteads Act in the affected lands, and that person is not a co-owner and party to the disposition by the trustee, that person will have to sign either a release of their Homesteads Act rights prior to the transfer or sign a consent to the disposition by the licensed insolvency trustee (formerly called a trustee in bankruptcy).
Homestead rights and bankruptcy
The rights of a bankrupt under The Homesteads Act vest in their licensed insolvency trustee (formerly called a trustee in bankruptcy). This gives the trustee and not the bankrupt the right to register homestead notices, the right to discharge such notices and the right to consent to a disposition of the homestead.
See Chartier (Bankrupt), Re, 2013, MBCA 41