Overview
The Homesteads Act, 1989 requires consent from non-owning spouses for certain property transactions. Below is a breakdown of the key forms used in Saskatchewan, along with real-life examples and how Corman Park Notaries can assist.
Form A – Consent of Non-owning Spouse
Purpose: For the non-owning spouse to consent to a property transaction, relinquishing homestead rights.
Examples:
1. John and Mary’s Sale
Scenario: John owns a home; Mary isn’t on the title. She must sign Form A to allow the sale.
Corman Park Notaries Can Help With:
- Notarizing Mary’s signature
- Providing information on homestead rights
- Witnessing the signing process
2. Inherited Property (Sarah and Tom)
Scenario: Sarah inherited a home; Tom, her spouse, has potential homestead rights.
Corman Park Notaries Can Help With:
- Explaining inheritance implications
- Notarizing Tom’s consent
3. Investment Property (Eric and Vanessa)
Scenario: Eric owns a rental property. Vanessa signs Form A to confirm no homestead claim.
Corman Park Notaries Can Help With:
- Clarifying exemptions
- Notarizing consent
Form B – Certificate of Acknowledgment
Purpose: Certifies that the non-owning spouse understands the property transaction.
Examples:
1. Divorce Property Transfer (Mark and Lisa)
Scenario: Lisa transfers rights to Mark during divorce and acknowledges it via Form B.
Corman Park Notaries Can Help With:
- Certifying Lisa’s acknowledgment
- Guiding on legal implications
2. Co-ownership Sale (Amanda and James)
Scenario: James sells his share; Amanda signs Form B in agreement.
Corman Park Notaries Can Help With:
- Certifying acknowledgment
- Reviewing co-ownership implications
3. Family Agreement (Katie and Peter)
Scenario: Katie signs Form B as Peter takes title from his parents.
Corman Park Notaries Can Help With:
- Witnessing and notarizing
- Explaining family transfer impacts
Form C – Certificate of Solicitor
Purpose: A solicitor confirms the spouse’s understanding of their rights.
Examples:
1. David and Emma
Scenario: Emma’s solicitor explains and certifies her understanding.
Corman Park Notaries Can Help With:
- Notarizing solicitor’s certificate
- Acting as witness
2. Rachel’s Family Transfer
Scenario: Rachel signs after understanding a transfer to her husband’s brother.
Corman Park Notaries Can Help With:
- Notarizing the certificate
- Offering clarification
3. Henry and Laura’s Complex Sale
Scenario: Laura understands her position via her solicitor and signs Form C.
Corman Park Notaries Can Help With:
- Notarizing multi-party agreements
- Explaining complex homestead transfers
Form D – Affidavit
Purpose: A sworn statement affirming homestead status.
Examples:
1. Pre-marriage Property (Alex and Claire)
Scenario: Alex confirms the property wasn’t a homestead.
Corman Park Notaries Can Help With:
- Notarizing affidavit
- Clarifying homestead rules
2. Widow’s Estate Transfer (Julia)
Scenario: Julia affirms no homestead status before estate transfer.
Corman Park Notaries Can Help With:
- Notarizing affidavit
- Reviewing estate documents
3. Inheritance (Tom’s Siblings)
Scenario: Tom signs Form D to confirm inherited home is non-homestead.
Corman Park Notaries Can Help With:
- Certifying the affidavit
- Explaining inheritance rights
Form E – Caveat
Purpose: Places a legal notice on property to prevent transactions.
Examples:
1. Michael’s Caveat
Scenario: Filed to stop the sale due to unresolved homestead claim.
Corman Park Notaries Can Help With:
- Notarizing caveat
- Guiding through filing
2. Preventing Unauthorized Sale (Susan and Mark)
Scenario: Susan files Form E during separation.
Corman Park Notaries Can Help With:
- Notarizing Form E
- Providing filing instructions
3. Divorce Case (Carol and George)
Scenario: Carol files Form E during property negotiations.
Corman Park Notaries Can Help With:
- Notarizing and advising on divorce-related caveats
Form F – Affidavit of Personal Representative
Purpose: Executor/administrator confirms deceased’s homestead status.
Examples:
1. Alice as Executor
Scenario: Alice confirms her father’s home was not a homestead.
Corman Park Notaries Can Help With:
- Notarizing Form F
- Reviewing estate paperwork
2. Robert Administers Aunt’s Estate
Scenario: Form F confirms the home is non-homestead.
Corman Park Notaries Can Help With:
- Certifying affidavit
- Helping with estate transfer
3. Widow’s Affidavit (Helen)
Scenario: Helen confirms non-homestead status for property transfer.
Corman Park Notaries Can Help With:
- Notarizing affidavit
- Guiding through estate distribution
Disclaimer: Corman Park Notaries provides administrative and witnessing services only. We do not provide legal advice or interpret legal documents. Clients are responsible for the accuracy and completeness of their submissions.