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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

 

 
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