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Matrimonial Real Property Law

What happens when a marriage breaks up on reserve? Who gets the house? These are tough questions to ask, but they have an answer through the Lheidli T'enneh Matrimonial Real Property Law (MRPL).

What is Matrimonial Real Property? It is land and things attached to the land, such as houses, that are shared by a couple.

The Matrimonial Real Property Law has three main tenants:

  • Children have the right to stay in the Matrimonial home;
  • Each spouse should have equal half-share possession of Matrimonial home (as tenants in common)
  • Only a band member can hold a permanent interest in Lheildi T'enneh Land or a charge against the land.

PDFThe full Matrimonial Real Property Law document is available by clicking the PDF icon at left!

PDFThe Matrimonial Real Property Law Implementation Handbook is available by clicking the PDF icon at left!

 

Interspousal Contracts

An Interspousal Contract is a contract entered into between couples who are married, common-law married or whom intend to marry. It is similar to a prenuptial agreement. It basically says "we agree with the Matrimonial Real Property Law and that in the event of a marital breakdown, the parent with custody of the children will get the house and the lease on the lot." It is enforceable by law.

There is no obligation to sign but it is recommended as there are no laws protecting the rights of persons living on reserve in the event of a marital breakdown. For more information, please review the documents below.

PDFThe Interspousal Contract Information document is available by clicking the PDF icon at left!

PDFThe Interspousal Contract form is available by clicking the PDF icon at left!

 

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