MHHS · Wills and Succession Act
Part 5 — Family Maintenance and Support
83 Land titles registration
temporary possession to exceed the 90 days provided for by section
75(1) may be registered with the Registrar of Land Titles if the
family home that is the subject of the order is real property that, at
the time of the deceased's death,
(a) is owned, whether wholly o r in part, by the deceased but not
by the deceased's surviving spouse or partner,
(b) is leased for a term of m ore than 3 years by the deceased but
not by the deceased's surviving spouse or partner, or
(c) is the subject of a life es tate in favour of the deceased but
not in favour of the deceased's surviving spouse or partner.
(2) An order registered under this section binds any interest that
the deceased's estate, a co-owner or any person who is the owner
of the real property by right of survivorship on the deceased's death
has in the property.
(3) If an order is registered under this section, the personal
representative, a co-owner or an owner by right of survivorship
may dispose of or encumber the property only under an order of the
Court or with the written consent of the surviving spouse or partner
who registered the order.