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Property division

The Family Homes on Reserves and Matrimonial Interests or Rights Act was passed by the federal government in 2013. It sets out a regime to govern the division of family property, the right of parties to remain in the matrimonial home and emergency protection orders for people living on reserve.

Unlike provincial family law provisions dealing with the division of property, which apply to married spouses only, this legislation applies to both married and common-law spouses.

The new law gives Indian Bands the authority to create their own rules for property. When a Band does so, it is those rules that apply. Otherwise, it is the federal legislation that will apply.

If you have property on a reserve, you will want to learn about which laws will govern division of that property.