Acts and Regulations

2012, c.107 - Marital Property Act

Full text
Order in respect of household goods
27(1)A spouse may apply to the Court for an order in respect of household goods that the applicant specifies in the application and that are not included in an order made in respect of household goods incidental to an order for exclusive possession of a marital home.
27(2)After service on the other spouse of notice of an application under subsection (1), that other spouse shall not while the application is pending dispose of any interest in any of the household goods specified in the application unless the consent in writing of the applicant or the leave of the Court is obtained.
27(3)If an application is made under subsection (1), the Court may order the following, and may impose such incidental, supplemental and consequential provisions as the Court considers necessary:
(a) that, as between the applicant and the other spouse, the applicant shall have exclusive possession of the household goods to which the application relates or of such of those household goods as the Court specifies; and
(b) that the other spouse shall not dispose of the household goods specified in the order.
27(4)In determining whether to exercise its powers under subsection (3) in respect of household goods, the Court shall consider
(a) the extent to which the household goods are needed by the applicant to satisfy the ordinary requirements of his or her daily life, including any requirements arising from the family responsibilities of the applicant, and
(b) all other circumstances of the case.
1980, c.M-1.1, s.27
Order in respect of household goods
27(1)A spouse may apply to the Court for an order in respect of household goods that the applicant specifies in the application and that are not included in an order made in respect of household goods incidental to an order for exclusive possession of a marital home.
27(2)After service on the other spouse of notice of an application under subsection (1), that other spouse shall not while the application is pending dispose of any interest in any of the household goods specified in the application unless the consent in writing of the applicant or the leave of the Court is obtained.
27(3)If an application is made under subsection (1), the Court may order the following, and may impose such incidental, supplemental and consequential provisions as the Court considers necessary:
(a) that, as between the applicant and the other spouse, the applicant shall have exclusive possession of the household goods to which the application relates or of such of those household goods as the Court specifies; and
(b) that the other spouse shall not dispose of the household goods specified in the order.
27(4)In determining whether to exercise its powers under subsection (3) in respect of household goods, the Court shall consider
(a) the extent to which the household goods are needed by the applicant to satisfy the ordinary requirements of his or her daily life, including any requirements arising from the family responsibilities of the applicant, and
(b) all other circumstances of the case.
1980, c.M-1.1, s.27