On Dec. 16, 2013, the first part of the Family Homes on Reserves and Matrimonial Interests or Rights Act came into force by order in council.
The first part of this two part legislation, provides enactment of First Nation laws respecting on-reserve matrimonial real property.
Matrimonial real property refers to immovable assets, such as a home and the land it sits on, owned by one or both spouses.
Before this legislation, there was no legal protection, for couples living on reserves, to ensure that the matrimonial real property assets were distributed equitably in the event of the breakdown of a marriage or common-law partnership, or death of a spouse or common law partner.
The first part of this act was to ensure that First Nations communities be given a 12 month transitional period, during which they would be able to enact their own matrimonial real property laws before provisional federal laws came into affect.
However, First Nation communities may at any time enact their own matrimonial real property laws, regardless of whether or not they do so before the 12 month transitional period ends, or whether they choose to after the provisional federal laws are in place.
They're able to enact their own laws anytime, in regards to matrimonial real property assets.
The Family Homes on Reserves and Matrimonial Interests or Rights Act applies to all first nations living on reserves under the Indian Act, with exception of those that live under the First Nations Land Management Act.
For more information on the Family Homes on Reserves and Matrimonial Interests of Rights Act please visit www.aandc-aadnc,gc,ca