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