HomeC.C.S.M. c. F25
The Family Property Act
| Back to the Act | Regulations |
| 1(1) | Definitions |
| (2) | Life insurance, pension plans, etc. |
| (3) | Insurance for business purpose |
| PART I | |
| APPLICATION OF ACT | |
| DIVISION 1 | |
| APPLICATION TO SPOUSES | |
| 2(1) | Married persons |
| (2) | Voidable marriages |
| (3) | Void marriages |
| (4) | Spouses living separately on May 6, 1977 |
| DIVISION 1.1 | |
| APPLICATION TO COMMON-LAW PARTNERS | |
| 2.1(1) | Common-law partners |
| (2) | Common-law partners living separate and apart |
| DIVISION 2 | |
| APPLICATION TO ASSETS | |
| 3 | Assets generally |
| 4(1) | Assets acquired during marriage and cohabitation |
| (2) | Assets acquired before marriage |
| (2.1) | Transitional re assets acquired before marriage for certain separated spouses |
| (2.2) | Assets acquired during common-law relationship and cohabitation |
| (2.3) | Assets acquired before cohabitation by common-law partner |
| (3) | Appreciation, depreciation, income |
| (4) | Negative value |
| 5(1) | Assets disposed of by agreement |
| (2) | Provision of Act made inapplicable by agreement |
| (3) | Provision of Act varied by agreement |
| 6(1) | Disposal of assets |
| (2) | Use of family home |
| (3) | Use of other family assets |
| (4) | Asset transferred, etc. |
| (5) | Proceeds of sale |
| (6) | Proceeds of sale |
| (7) | Dissipation of asset by spouse |
| (7.1) | Dissipation of asset by common-law partner |
| (8) | Excessive gift by spouse |
| (8.1) | Excessive gift by common-law partner |
| (9) | Transfer by spouse for inadequate consideration |
| (9.1) | Transfer by common-law partner for inadequate consideration |
| (10) | Recovery from recipient |
| (11) | Application of subsection (10) |
| 7(1) | Gift, trust benefit |
| (2) | Gift of insurance premiums |
| (3) | Inheritance |
| (4) | Income, appreciation, depreciation |
| (5) | Exception |
| 8(1) | Damage award for personal injury |
| (2) | Insurance claim for damage to asset |
| 9(1) | Assets in form of rights |
| (2) | Life insurance pension plans, etc. |
| 10 | Asset already shared |
| 11(1) | Liabilities |
| (2) | Negative value |
| 12 | Foreign asset |
| PART II | |
| SHARING OF ASSETS | |
| 13 | Right to accounting and equalization of assets |
| 14(1) | Discretion to vary equal division of family assets |
| (2) | Discretion to vary equal division of commercial assets |
| (3) | Conduct not a factor |
| 15(1) | Accounting and division |
| (2) | Fair market value |
| (3) | Valuation of non-marketable assets |
| 16 | Closing and valuation dates |
| 17 | Method of payment |
| PART III | |
| ENFORCEMENT | |
| 18(1) | Applications to court |
| (1.1) | Duration of common-law relationship |
| (2) | Hearings in private |
| (3) | Applicant's statement of assets and liabilities |
| (4) | Respondent's statement of assets and liabilities |
| 18.1(1) | Interim order |
| (2) | Conditions |
| 19(1) | Limitation period after divorce |
| (2) | Limitation period after decree of nullity |
| (3) | Extension of time |
| 19.1(1) | Termination of registered common-law relationship |
| (2) | Termination of unregistered relationship |
| (3) | Limitation period after termination of common-law relationship |
| (4) | Extension of time for common-law partner |
| 20(1) | Time for complying with order |
| (2) | Order for sale |
| (3) | Interest where equitable |
| 21(1) | Order for preservation of assets |
| (2) | Grounds for order |
| (3) | Ex parte order |
| 22 | Burden of proof |
| 23 | Onus of proof in dissipation proceeding |
| 24 | |
| PART IV | |
| ACCOUNTING AND EQUALIZATION OF ASSETS ON THE DEATH OF A SPOUSE OR COMMON-LAW PARTNER | |
| 25 | Application of Part on death of spouse |
| 25.1 | Application of Part on death of common-law partner |
| 26 | Application of Parts I to III |
| 27(1) | Effect of division of assets before death of spouse or common-law partner |
| (2) | Assets acquired during reconciliation |
| (3) | Effect of agreement on equalization |
| 28(1) | Surviving spouse or common-law partner may make application |
| (2) | Continuation of application after death of spouse or common-law partner |
| 29(1) | Limitation period for making application |
| (2) | Extension of time |
| 30 | Suspended payment of asset to third party |
| 31(1) | Personal representative to serve notice |
| (2) | Notice to both spouse and common-law partner |
| (3) | Regulation |
| 32(1) | When personal representative may distribute estate |
| (2) | Liability of personal representative |
| (3) | Certain distribution agreements subject to approval |
| 33 | Statement of assets and liabilities |
| 34 | Closing and valuation dates after death of spouse or common-law partner |
| 35(1) | Value of assets to be included in estate |
| (2) | Where life insurance is not asset of estate |
| (3) | Interest of deceased spouse or common-law partner in joint asset |
| (4) | Onus of proof respecting joint asset |
| 36 | Funeral and testamentary expenses |
| 37 | Assets of surviving spouse or common-law partner exempt from accounting |
| 38 | Entitlement under Intestate Succession Act |
| 39 | Deduction of certain gifts to surviving spouse or common-law partner |
| 40 | No court discretion to alter equalization |
| 41(1) | Priority of equalization payment |
| (2) | Payment of deficit by beneficiaries |
| (3) | Payment of deficit from other assets |
| (4) | Variation of trust in will for equalization payment |
| (5) | Satisfaction of equalization payment |
| 42 | Application to court to settle question |
| 43 | Rights of surviving spouse or common-law partner under will |
| 43.1 | Rights paramount |
| 44 | Rights in addition to Homesteads Act |
| 45 | Application of Dower Act |
| 46 | C.C.S.M. reference |
