Do provincial or territorial matrimonial property laws apply on Indian Act reserves?
Matrimonial property laws made by provincial or territorial governments do not apply to most questions affecting reserve lands, such as a family home on reserve. This means that some important rights and protections for spouses are not available on reserves. For example, spouses living on reserves cannot ask a court to make a temporary order of possession to one spouse.
Related Questions
- Will the proposed legislation recognize on-reserve matrimonial real property laws that First Nations already have in place under the jurisdiction of the First Nations Lands Management Act or self-government agreements?
- What if an overseas Indian, he has bought property gone back and wants to rent it out - would he be at any kind of a disadvantage or the rent you know the tenancy laws pretty much remain the same?
- Does provincial/territorial matrimonial property law apply on reserves?
