Saskatchewan Homeowners · Selling Your Home
If only one spouse is on title, your partner may still have legal rights in the property. Address this before listing, not after an offer arrives.
Do Homestead Rights affect the sale of my Saskatchewan home?
Yes, potentially. Under Saskatchewan’s Homesteads Act, 1989, a spouse or qualifying common-law partner may have legal rights in a property even if they are not listed on title. If those rights apply, their consent may be required before you enter into an agreement to sell. This is not something to sort out after you have accepted an offer. Confirm your situation with a real estate lawyer before your listing goes live.
01 The Rights
Homestead Rights are legal protections tied to the family home in Saskatchewan. They exist to protect a non-owning spouse from losing access to a shared home without their knowledge or consent. The rights apply even when that spouse is not listed on the title.
These protections are created by the Homesteads Act, 1989, a provincial statute that sits alongside the title registration system. Being the sole registered owner does not mean you have sole authority to sell. If the property has been your shared family home and your spouse or qualifying partner has not formally released their rights, the sale may require their consent.
02 Who Is Affected
The Homesteads Act applies to a specific range of relationships. The two categories below are the most common situations sellers encounter.
Legally married spouses
A legally married non-owner spouse may have Homestead Rights in a property that has been occupied as the family home. Separation does not automatically remove those rights. If you are separated and your spouse is not on title, speak with your lawyer before listing.
Qualifying common-law spouses
The Act can apply to common-law partners who have cohabited continuously as spouses for at least two years. In some circumstances these rights may continue for a period after the relationship ends. If you have recently ended a common-law relationship and you are selling, confirm the position with your lawyer before proceeding.
03 The Process
Where Homestead Rights apply and consent is required, two forms are typically involved. Your lawyer prepares and oversees the completion of these forms. Do not attempt to complete them without legal guidance.
Form A: Consent of Non-Owning Spouse
The non-owning spouse signs this form to consent to the sale. It must be completed before you enter into an agreement to sell.
Form B: Certificate of Acknowledgment
This confirms the non-owning spouse understands the nature of the consent they are giving. A commissioner of oaths or notary typically witnesses this form.
04 Timing
The Homestead consent requirement applies to a disposition of the property, which includes entering into an agreement to sell. It does not apply simply to marketing or advertising the property for sale.
In practical terms: you can list and market your property without the consent forms in place. But you cannot sign or accept an offer if Homestead Rights apply and consent has not been obtained. Leaving this to the point of offer creates unnecessary pressure and risks the transaction falling through. Address it with your lawyer before your listing goes live.
05 Bode’s Role
As part of the Saskatchewan listing process, Bode asks sellers a small number of screening questions to help identify situations where Homestead Rights may apply. If your answers suggest the rights could apply, Bode provides access to the relevant forms.
These questions are a flag, not a determination. Bode does not assess whether Homestead Rights legally apply in your specific situation, provide legal advice, prepare the required consent documents, or confirm that the legal requirements have been satisfied. That is the role of your real estate lawyer. If your answers indicate a potential application, speak with your lawyer before accepting an offer.
Common Questions
Homestead Rights are legal protections under Saskatchewan’s Homesteads Act, 1989. They may give a non-owning spouse rights in a property that has been used as the family home, even if that spouse is not on title. These rights can apply to legally married spouses and, in some circumstances, qualifying common-law spouses.
Not automatically. Separation does not necessarily end Homestead Rights for legally married spouses. If you are separated and your spouse is not on title, confirm with your lawyer whether their consent is still required before you accept an offer.
Yes. The consent requirement applies when you enter into an agreement to sell, not when you advertise the property. You can list and market your home while the consent process is in progress. Do not accept an offer until your lawyer confirms the consent requirement has been satisfied.
Where consent is required, the process typically involves Form A (Consent of Non-Owning Spouse) and Form B (Certificate of Acknowledgment). Your lawyer prepares and confirms these forms. Do not attempt to complete them without legal guidance.
Possibly. Homestead Rights exist specifically for situations where only one spouse holds the title. Being the sole registered owner does not mean you have sole authority to sell. If the property has been your shared family home and your spouse or qualifying partner has not formally released their rights, their consent may still be required. Speak with your lawyer.
No. Bode asks screening questions to help flag the issue early and provides access to the relevant forms. Bode does not provide legal advice or confirm that legal requirements have been satisfied. Whether Homestead Rights apply in your specific situation is a question for your real estate lawyer.
This post is for general information only and does not constitute legal advice. The application of the Homesteads Act, 1989 depends on your specific circumstances. Speak with a licensed Saskatchewan real estate lawyer before listing or accepting an offer on your property.
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