Does provincial/territorial matrimonial property law apply on reserves?
Some rights and protections under provincial/territorial matrimonial property law apply on reserves and some do not. Provincial/territorial law can be used to assist couples living on reserves to determine how to divide the overall value of all matrimonial property (house, cash, cars, etc.). Either spouse can ask a court to decide what his or her share of the couple’s matrimonial property will be. However, a court cannot force the sale of a home on a reserve. Provincial/ territorial laws cannot change the rights of individual Band members to their land. This means that if a Certificate of Possession has been issued to only one spouse for land where the family home is located, the other spouse will not be able to obtain even temporary possession of the home, even if that spouse has custody of the children. If both spouses have their names on the Certificate of Possession, neither spouse can prevent, even temporarily, the other spouse from staying in the family home. Off reserves, courts
