Acts and Regulations

2012, c.107 - Marital Property Act

Section 46
Disposition versions

Full text
Habitual residence
46(1)Parts 1, 2 and 3 of this Act apply with respect to
(a) property rights as between spouses who maintained their last common habitual residence in the Province, and
(b) if there has been no common habitual residence, property rights as between spouses one of whom has maintained his or her last habitual residence in the Province.
46(2)Any spouse who is not described in subsection (1) may apply under section 44 with respect to the ownership of or right to possession of any property, including the division of property, and the Court shall dispose of the application in accordance with the law of the last common habitual residence of the spouses, or if there is no such residence the last habitual residence of the applicant.
46(3)In disposing of an application referred to in subsection (2), the Court, in order to give effect to the rights of any party with respect to any property, may make any order that it might make if Parts 1, 2 and 3 applied with respect to the rights of the parties.
1980, c.M-1.1, s.44
Habitual residence
46(1)Parts 1, 2 and 3 of this Act apply with respect to
(a) property rights as between spouses who maintained their last common habitual residence in the Province, and
(b) if there has been no common habitual residence, property rights as between spouses one of whom has maintained his or her last habitual residence in the Province.
46(2)Any spouse who is not described in subsection (1) may apply under section 44 with respect to the ownership of or right to possession of any property, including the division of property, and the Court shall dispose of the application in accordance with the law of the last common habitual residence of the spouses, or if there is no such residence the last habitual residence of the applicant.
46(3)In disposing of an application referred to in subsection (2), the Court, in order to give effect to the rights of any party with respect to any property, may make any order that it might make if Parts 1, 2 and 3 applied with respect to the rights of the parties.
1980, c.M-1.1, s.44