Acts and Regulations

2012, c.107 - Marital Property Act

Full text
Survival of actions
5(1)Subject to subsections (2) and (3), the Survival of Actions Act does not apply to a right to a division of property under section 3 or 4.
5(2)If a spouse dies after an application has been made for a division under section 3, the application may be continued by or against the estate of the deceased spouse, and, if the application is one that has been brought by the surviving spouse, subsections 4(6), (7) and (10) apply with the necessary modifications.
5(3)If a spouse dies after an application has been made for a division under section 4, the application may be continued by the estate of the second deceased spouse against the estate of the first deceased spouse.
1980, c.M-1.1, s.5
Survival of actions
5(1)Subject to subsections (2) and (3), the Survival of Actions Act does not apply to a right to a division of property under section 3 or 4.
5(2)If a spouse dies after an application has been made for a division under section 3, the application may be continued by or against the estate of the deceased spouse, and, if the application is one that has been brought by the surviving spouse, subsections 4(6), (7) and (10) apply with the necessary modifications.
5(3)If a spouse dies after an application has been made for a division under section 4, the application may be continued by the estate of the second deceased spouse against the estate of the first deceased spouse.
1980, c.M-1.1, s.5