C.C.S.M. c. F25
The Family Property Act
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 | Repealed | |
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 |