Postponement of entitlements under family act law

I am married and my husband is purchasing a house. I am not on the title. It has been sprung on me at the last minute before deadline that I have to sign a postponement of possible entitlements under family act law b.c waiver giving consent that I have no rights basically. Is this common practise in Canada? I am from New Zealand, and should I sign it?

Asked about 5 years ago in British Columbia
Categories: Family Law

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Robert J. Klassen

Answer by Robert J. Klassen

VerifiedBritish Columbia lawyer

Your husband would be able to purchase real or personal property without you signing a waiver.  If the source of the funds to purchase the house comes from joint funds, you should not sign a waiver and the only reason your husband would want this would be to satisfy a lender with respect to the purchase of the house.

In any event, I would avoid signing a waiver and seek independent legal advice with respect to your marriage and its status.

Robert Klassen

Posted about 5 years ago

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Robert J. Klassen, or search the Lawyer Directory.


Hello Robert sorry I have just figured out how to reply to you. Thankyou for your advice. Can I please ask one more question. Is this a common requirement from a lender, or is it possible an outside source has stipulated this? I failed to mention his parents are cosigners. Thank you

Posted about 5 years ago

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