C.C.S.M. c. F25
The Family Property Act
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Table of Contents
| 1 | Definitions | |
| (2) | Life insurance, pension plans, etc. | |
| (3) | Insurance for business purpose | |
| PART I | ||
| APPLICATION OF ACT | ||
| 2 | Married persons | |
| (2) | Voidable marriages | |
| (3) | Void marriages | |
| (4) | Spouses living separately on May 6, 1977 | |
| 2.1 | Common-law partners | |
| (2) | Common-law partners living separate and apart | |
| 3 | Assets generally | |
| 4 | 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 | Assets disposed of by agreement | |
| (2) | Provision of Act made inapplicable by agreement | |
| (3) | Provision of Act varied by agreement | |
| 6 | 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 | Gift, trust benefit | |
| (2) | Gift of insurance premiums | |
| (3) | Inheritance | |
| (4) | Income, appreciation, depreciation | |
| (5) | Exception | |
| 8 | Damage award for personal injury | |
| (2) | Insurance claim for damage to asset | |
| 9 | Assets in form of rights | |
| (2) | Life insurance pension plans, etc. | |
| 10 | Asset already shared | |
| 11 | Liabilities | |
| (2) | Negative value | |
| 12 | Foreign asset | |
| PART II | ||
| SHARING OF ASSETS | ||
| 13 | Right to accounting and equalization of assets | |
| 14 | Discretion to vary equal division of family assets | |
| (2) | Discretion to vary equal division of commercial assets | |
| (3) | Conduct not a factor | |
| 15 | 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 | 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 | Interim order | |
| (2) | Conditions | |
| 19 | Limitation period after divorce | |
| (2) | Limitation period after decree of nullity | |
| (3) | Extension of time | |
| 19.1 | 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 | Time for complying with order | |
| (2) | Order for sale | |
| (3) | Interest where equitable | |
| 21 | 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 |
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| 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 | 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 | Surviving spouse or common-law partner may make application | |
| (2) | Continuation of application after death of spouse or common-law partner | |
| 29 | Limitation period for making application | |
| (2) | Extension of time | |
| 30 | Suspended payment of asset to third party | |
| 31 | Personal representative to serve notice | |
| (2) | Notice to both spouse and common-law partner | |
| (3) | Regulation | |
| 32 | 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 | 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 | 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 | |
| Back to the Act | Bilingual (PDF) |