Acts and Regulations

2012, c.107 - Marital Property Act

Section 20
Disposition versions

Full text
Spouses’ rights on disposition
20(1)Subject to an order made under subsection (2), and to the provisions of a domestic contract, each spouse is entitled to one-half of the net proceeds realized by one or by both of the spouses from the disposition of an interest in the marital home.
20(2)On the application of a spouse, the Court may order a division of the net proceeds realized from the disposition of an interest in the marital home resulting in shares that are not equal if the Court is of the opinion that to divide the net proceeds in equal shares would be inequitable, having regard to
(a) any agreement other than a domestic contract,
(b) the duration of the period of cohabitation under the marriage,
(c) the duration of the period during which the spouses have lived separate and apart,
(d) the date when the interest in the marital home was acquired,
(e) the extent to which the interest in the marital home was acquired by one spouse by inheritance or by gift, or
(f) any other circumstances relating to the acquisition, disposition, preservation, maintenance, improvement or use of the marital home rendering it inequitable for the division of net proceeds to be in equal shares.
20(3)If one spouse or any other person acting for or on behalf of either or both spouses holds the net proceeds mentioned in subsections (1) and (2), that spouse or person holds those net proceeds in trust to be divided equally between the spouses, or in accordance with an order made under subsection (2) or the provisions of a domestic contract.
20(4)The rights of a spouse under subsections (1) and (2) terminate on the spouse ceasing to be a spouse.
20(5)For the purposes of this section, an expropriation of an interest in a marital home shall be deemed to be a disposition of that interest.
1980, c.M-1.1, s.20
Spouses’ rights on disposition
20(1)Subject to an order made under subsection (2), and to the provisions of a domestic contract, each spouse is entitled to one-half of the net proceeds realized by one or by both of the spouses from the disposition of an interest in the marital home.
20(2)On the application of a spouse, the Court may order a division of the net proceeds realized from the disposition of an interest in the marital home resulting in shares that are not equal if the Court is of the opinion that to divide the net proceeds in equal shares would be inequitable, having regard to
(a) any agreement other than a domestic contract,
(b) the duration of the period of cohabitation under the marriage,
(c) the duration of the period during which the spouses have lived separate and apart,
(d) the date when the interest in the marital home was acquired,
(e) the extent to which the interest in the marital home was acquired by one spouse by inheritance or by gift, or
(f) any other circumstances relating to the acquisition, disposition, preservation, maintenance, improvement or use of the marital home rendering it inequitable for the division of net proceeds to be in equal shares.
20(3)If one spouse or any other person acting for or on behalf of either or both spouses holds the net proceeds mentioned in subsections (1) and (2), that spouse or person holds those net proceeds in trust to be divided equally between the spouses, or in accordance with an order made under subsection (2) or the provisions of a domestic contract.
20(4)The rights of a spouse under subsections (1) and (2) terminate on the spouse ceasing to be a spouse.
20(5)For the purposes of this section, an expropriation of an interest in a marital home shall be deemed to be a disposition of that interest.
1980, c.M-1.1, s.20