N.S. overhauling Matrimonial Property Act to give common-law couples more rights
Common-law couples are not covered by the current act that governs the end of a relationship
Nova Scotia is looking for public input as it overhauls the decades-old Matrimonial Property Act, which doesn't include provisions for dividing the assets of a common-law couple upon separation.
Justice Minister Mark Furey said proposed changes to extend family property rights are long overdue and will bring Nova Scotia in line with most other provinces.
"There's gaps that we need to close," Furey told CBC's Information Morning Cape Breton.
The changes are outlined in a 2017 report from the Law Reform Commission of Nova Scotia, which is now called the Access to Justice and Law Reform Institute.
Under the new legislation, which will be called the Family Property Act, common-law couples would have the same property rights as married couples and registered domestic partnerships.
The law would define a common-law couple as two people who have lived together for at least two years.
Usually, when a couple separates, their property is divided equally.
Furey said many people are surprised to discover the law is not currently clear on what common-law couples are entitled to.
"Often, research shows, the female partner is left from that relationship with certainly less than the appropriate assets that a female would be entitled to in a married relationship or a registered domestic partnership," he said.
He said times have changed substantially in the 40 years since the Matrimonial Property Act came into effect.
He said in 1981, only about four per cent of couples in the province were in a common-law relationship. In 2016, the most recent year for which statistics are available, that number had increased to about 16 per cent.
Some of the proposed changes
Other recommended changes to the act include:
- Allowing a partner who owned property before the couple began living together to keep it once the relationship ends.
- Requiring the spouse who owns a business to share the assets with the other person following the end of a relationship.
- Giving a spouse who does not own the home up to two years after separation to remain in the home without a court order. Currently, there is no time limit.
People can submit feedback online about the proposed changes until Feb. 20.
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With files from CBC's Information Morning Cape Breton