Acts and Regulations

2012, c.107 - Marital Property Act

Full text
Application by spouse or interested party respecting marital home
22On the application of a spouse, or of a person having an interest in property, the Court may, by order,
(a) determine whether or not the property is or includes a marital home and, if so, the extent of the marital home;
(b) subject to such terms and conditions including provision of other comparable accommodation or payment in its place as the Court considers appropriate, authorize a disposition of any interest in the marital home if the Court finds that the spouse whose consent is required
(i) cannot be found or is not available,
(ii) is not capable of giving or withholding consent, or
(iii) is unreasonably withholding consent;
(c) dispense with any notice required to be given under section 21;
(d) direct the setting aside of any disposition of an interest in the marital home contrary to subsection 19(1) and the revesting of the interest or any part of the interest on such terms and subject to such conditions as the Court considers appropriate; and
(e) if a false affidavit is given under subsection 19(3), direct the person who swore the false affidavit, or any person who knew at the time it was sworn that the affidavit was false and who subsequently conveyed the property, to substitute other property for the marital home or direct the person to set aside money or security in its place subject to such terms and conditions as the Court considers appropriate.
1980, c.M-1.1, s.22
Application by spouse or interested party respecting marital home
22On the application of a spouse, or of a person having an interest in property, the Court may, by order,
(a) determine whether or not the property is or includes a marital home and, if so, the extent of the marital home;
(b) subject to such terms and conditions including provision of other comparable accommodation or payment in its place as the Court considers appropriate, authorize a disposition of any interest in the marital home if the Court finds that the spouse whose consent is required
(i) cannot be found or is not available,
(ii) is not capable of giving or withholding consent, or
(iii) is unreasonably withholding consent;
(c) dispense with any notice required to be given under section 21;
(d) direct the setting aside of any disposition of an interest in the marital home contrary to subsection 19(1) and the revesting of the interest or any part of the interest on such terms and subject to such conditions as the Court considers appropriate; and
(e) if a false affidavit is given under subsection 19(3), direct the person who swore the false affidavit, or any person who knew at the time it was sworn that the affidavit was false and who subsequently conveyed the property, to substitute other property for the marital home or direct the person to set aside money or security in its place subject to such terms and conditions as the Court considers appropriate.
1980, c.M-1.1, s.22