Matrimonial Real Property Law

Real Property refers to immovable property. The most common example is the family home and the land it is situated on. Real Property also includes other matrimonial interests or rights that were acquired during the relationship or in specific contemplation of the relationship, or those real property items which appreciated in value during the relationship.

No. The reserve lands are protected for First Nations members. A non-member cannot ever hold an reserve land.

The moveable items like bank accounts, household goods, vehicles, and other personal property are not considered to be real property. These items would be dealt with separately as part of a divorce or separation, or even as part of an estate through a will.

The MRP law would only cover those properties actually located on the reserve. Other properties would be dealt with separately as part of a divorce or separation, or as part of an estate through a will.

It is important that the best interests of children are protected so that they can maintain connection with their First Nation. Courts are bound to consider the First Nation’s views regarding the cultural, social, and legal interests.

An MRP law allows the First Nation to exercise jurisdiction over land and some family law matters on the reserve. It protects the interests of children as a priority, and helps in resolving some property disputes through community-based solutions. It can also help prevent further conflict from arising.

The term “spouse” or “common-law partner” refers to any married or common-law couple, whether both are members or only one is a member. The law applies equally in all cases.