Matrimonial Real Property Rights in Your Community
Our draft Legislation – Millbrook Band Family Real Property Law
What is it?
As of December 16, 2014, the federal government's Family Homes on Reserves and Matrimonial Interests or Rights Act
will apply to our reserve, unless we vote in favour of our own law. We want our community to have its own laws dealing
with the matrimonial real property on reserve, instead of allowing the federal government's act to apply to our
community. Below is an outline of our purposed law, Millbrook Band Family Real Property Law ("Law").
What does the Law do?
*It applies during a marriage or common law relationship breakdown or on the death of one partner.
* It only applies to "real property" on reserves, meaning lands and structures (ie: buildings) on reserve lands. It does not
apply to your personal property, such as accounts, vehicles, etc.
* It places the primary focus on the best interest of the Band Member child/ children.
* It ensures that following separation and divorce, only Band Members are provided the right to own or have long term
occupancy of homes and lands on the reserve.
* Maintains the reserve lands and structures for the benefit of Band Members.
* Limits the powers of the Court on reserve, as compared to the federal government's default act.
Emergency Protection Orders
* In cases of domestic violence, a person can apply to the Court to remove the abusive partner from the family home for
up to 30 days and the other partner stays in the home. It does not matter if one partner is non-Indian or a non-Band
member or not.
Exclusive Occupancy of a Family Home on Reserve
* If the relationship (marriage or common law) ends, either partner can apply to the Court to have exclusive occupation
of the family home on Reserve for up to a maximum of one year. The Court can only provide exclusive occupation of the
home to a non-Band Member IF that non-Band Member is the custodial parent of a Band Member child.
* Before the Court makes this Order, the Band Council will have notice of the application and the Court will consider the
collective interests of First Nation members and any representations made by the Band Council with respect to the
community's culture, social and legal context.
* On the death of a partner who held an interest in the family home on Reserve, the surviving partner (whether a Band
Member/ Indian or not) may live in the family home for a period of 180 days.
Family Home and other owned Real Property on Reserve
* Reiterates Band owned homes are not owned by the persons living within them, rather they are owned by the Band.
* If the relationship (marriage or common law) ends, each partner is entitled to an equal division of the value of the
family home (provided it is not Band owned).
* If the relationship (marriage or common law) ends, each partner is entitled to an equal division of the value of any
other property (beyond the family home) owned on reserve by one of the partners, unless this property was inherited or
received as a gift by one of the partners.
* A non - Band Member cannot own real property on reserve.
* A Court can enforce written agreements between partners outlining the amount each partner is entitled to get in
separation or divorce.
Note: This outline does not cover each section of the proposed law. We encourage each Band Member to read the full
law. This document is not intended to be used as legal advice.