At Goodfellow Realty, we believe that confident home sales start with good information. One topic that often catches Manitoba homeowners by surprise is the Homestead Act especially when it comes time to sell.

If you’re married or in a common-law relationship, the Homestead Act can play a major role in how and when your home can be sold, even if only one person is on the title. Understanding it early can help prevent delays, complications, or last-minute stress.

Let’s break it down.

What Is the Homestead Act in Manitoba?

One of the biggest tax benefits for Canadian homeowners is the Principal Residence Exemption (PRE).

The Homestead Act (Manitoba) is provincial legislation designed to protect spouses and common-law partners from having their primary residence sold or mortgaged without their knowledge or consent.

In simple terms, it ensures that both partners have a say when it comes to major decisions about the family home.

A property is generally considered a homestead if it is:

• A house or dwelling
• Occupied as the primary residence
• Owned by one or both spouses or partners
• Situated on up to 160 acres of land

Importantly, the Homestead Act can apply even if only one spouse is on title.

Some other topics you might find helpful when thinking about buying or selling a home in Manitoba. Find out in the posts below:

• How Recent Interest Rate Changes Affect Your Home-Buying Power in Canada
• Thinking About Relocating to Winnipeg? Here’s What Families Should Know
• 5 Mistakes Sellers in Manitoba Make — And How to Avoid Them

Who Does the Homestead Act Apply To?

The Act applies to:

• Married couples
• Common-law partners (typically after three years of cohabitation, or sooner if there is a child)
• Homes used as a principal residence

It does not usually apply to rental properties, investment properties, or recreational properties that are not used as a primary home.

How the Homestead Act Can Impact the Sale of Your Home

Spousal or Partner Consent Is Required

If your home is considered a homestead, both spouses or partners must consent to the sale. This is true even if:

• Only one person is registered on title
• One spouse has moved out
• The couple is separated but not legally divorced

Without proper consent, the sale cannot legally proceed.

Separation or Divorce Can Add Complexity

Separation alone does not automatically remove homestead rights. In many cases:

• A spouse who no longer lives in the home may still have legal protections
• Disagreements or unclear legal arrangements can delay or prevent a sale

This is where early planning and professional advice become especially important.

Looking for even more resources for a streamlined home selling experience? The posts below will get you started:

• Should You Work With a Full Time Realtor® When Buying or Selling?
• Selling a Home in a Winnipeg Winter: Expert Tips to Maximize Value
• Why Professional Photos Matter When You’re Selling Your Home

Why This Matters for Sellers

If homestead consent is missed or handled incorrectly:

• The sale could be delayed at the lawyer stage
• Buyers may walk away
• In rare cases, a transaction could be legally challenged after closing

At Goodfellow Realty, we work proactively to help ensure these issues are identified before they become problems.

The Purpose of the Homestead Act

While it can feel restrictive, the Homestead Act exists to:

• Protect spouses from losing their home without consent
• Provide fairness during separation or financial hardship
• Ensure transparency in major real estate decisions

For many Manitobans, it’s an important layer of protection.

What Manitoba Homeowners Should Do Before Listing

If you’re considering selling your home, we recommend:

• Confirming whether your property qualifies as a homestead
• Speaking with a Manitoba real estate lawyer early
• Ensuring all required consent documents are in place
• Working with a knowledgeable local REALTOR® who understands Manitoba-specific legislation

Addressing this upfront helps ensure a smoother, more predictable sale.

Our Take at Goodfellow Realty

Every home sale is different — and laws like the Homestead Act are one of the reasons local expertise matters. Understanding how it applies to your situation can save time, reduce stress, and keep your transaction on track.

Contact us today for expert real estate guidance. If you’re unsure how the Homestead Act affects your home, we’re always happy to walk you through what to expect and help you plan your next steps with confidence. Contact us by email info@goodfellowrealty.com or call 204-224-2551