4 Consents Consent
homestead shall be contained in or annexed to the instrument by
which the disposition is effected and whenever that instrument is
produced for registration under the Land Titles Act, the consent
shall be produced and registered with it.
(2) The consent in writing of the spouse of the married person to
any disposition shall, in the prescribed form, state that the spouse
consents to the disposition of the homestead and has executed the
consent for the purpose of giving up the life estate of the spouse
and other dower rights of the spouse in the homestead to the extent
necessary to give effect to the disposition.
(3) When the consent is contained in the instrument, the signature
of the spouse to the instrument is a sufficient signature to the
consent as well as to the instrument.
(4) The consent may be contained in or written or endorsed at the
end of or at any place on the instrument and the signature of the
spouse to the consent is a sufficient signature to the instrument as
well as to the consent.
(5) When the consent is annexed to the instrument, the spouse
shall sign both the consent and the instrument.
(6) The Registrar of Land Titles before registering a disposition of
land that
(a) does not purport to be consented to under this Act, and
(b) is not accompanied with an order of the Court dispensing
with the consent,
shall require an affidavit of the owner in the prescribed form
supported by any other evidence by affidavit or otherwise that the
Registrar may prescribe.
(7) Notwithstanding subsection (6), when the disposition is
executed under a power of attorney, the party executing the
disposition, if that party is acquainted with the facts, may make the
affidavit.
RSA 1980 cD-38 s4;1985 c48 s1
RSA 2000