Acts and Regulations

2012, c.107 - Marital Property Act

Full text
Order for exclusive possession
23(1)Despite the ownership of a marital home and household goods, and despite section 18 or 26, the Court on application may, by order,
(a) direct that one spouse be given exclusive possession of a marital home or part of it for such period as the Court directs;
(b) as part of an order made under paragraph (a), release any other property that is a marital home from the application of this Part;
(c) direct a spouse to whom exclusive possession of a marital home is given to pay such periodic payments to the other spouse as are prescribed in the order;
(d) as part of an order made under paragraph (a), make any order with respect to the household goods that the Court would be authorized to make if an application were made under section 27; and
(e) fix the obligation to repair and maintain the marital home or to pay other liabilities arising in respect of it.
23(2)An order may be made under subsection (1) for temporary relief pending the bringing or disposition of another application under this Act.
23(3)An order under subsection (1) for exclusive possession may be made only if, in the opinion of the Court, other provision for shelter is not adequate in the circumstances or it is in the best interests of a child to make an order.
23(4)An order made under paragraph (1)(a), (c), (d) or (e) ceases to apply on the death of either spouse.
1980, c.M-1.1, s.23
Order for exclusive possession
23(1)Despite the ownership of a marital home and household goods, and despite section 18 or 26, the Court on application may, by order,
(a) direct that one spouse be given exclusive possession of a marital home or part of it for such period as the Court directs;
(b) as part of an order made under paragraph (a), release any other property that is a marital home from the application of this Part;
(c) direct a spouse to whom exclusive possession of a marital home is given to pay such periodic payments to the other spouse as are prescribed in the order;
(d) as part of an order made under paragraph (a), make any order with respect to the household goods that the Court would be authorized to make if an application were made under section 27; and
(e) fix the obligation to repair and maintain the marital home or to pay other liabilities arising in respect of it.
23(2)An order may be made under subsection (1) for temporary relief pending the bringing or disposition of another application under this Act.
23(3)An order under subsection (1) for exclusive possession may be made only if, in the opinion of the Court, other provision for shelter is not adequate in the circumstances or it is in the best interests of a child to make an order.
23(4)An order made under paragraph (1)(a), (c), (d) or (e) ceases to apply on the death of either spouse.
1980, c.M-1.1, s.23