Review Panel on Common Law Relationships
Opinion on Common-Law Relationships of Jennifer Cooper

Volume 2
Proposed Statute Changes

Proposed Changes to the
Family Maintenance Act

Current Act: should read Proposed Act:
Occupancy of family residence

13(1) Where under this Part a court makes an order containing a provision under clause 10(1)(b), it may include in the order a provision that one of the spouses has the right to continue occupying the family residence, notwithstanding that the other spouse alone is the owner or lessee of the residence or that both spouses together are the owners or lessees of the residence, for such length of time and subject to such conditions as the court may order.

  Occupancy of family residence home

13(1) Where under this Part a court makes an order containing a provision under clause 10(1)(b), it may include in the order a provision that one of the spouses or common-law partners has the right to continue occupying the family residence home, notwithstanding that the other spouse or common-law partner alone is the owner or lessee of the residence home or that both spouses or common-law partners together are the owners or lessees of the residence home, for such length of time and subject to such conditions as the court may order.

Postponement of sale

13(2) Where an order made under this Part grants to one spouse the right under subsection (1) to continue occupying the family residence, the court may include in the order a provision that such rights as the other spouse may have as owner or lessee to apply for partition and sale or to sell or otherwise dispose of the residence be postponed subject to the right of occupancy contained in the order.

  Postponement of sale

13(2) Where an order made under this Part grants to one spouse or common-law partner the right under subsection (1) to continue occupying the family residence home, the court may include in the order a provision that such rights as the other spouse or common-law partner may have as owner or lessee to apply for partition and sale or to sell or otherwise dispose of the residence home be postponed subject to the right of occupancy contained in the order.



Family Maintenance Act

Current Act: should read Proposed Act:
Right of occupancy restricted

13(3) No right of occupancy of a spouse ordered under this section shall continue after the rights of the other spouse as owner or lessee or of both spouses as owners or lessees, as the case may be, are terminated.

  Right of occupancy restricted

13(3) No right of occupancy of a spouse or common-law partner ordered under this section shall continue after the rights of the other spouse or common-law partner as owner or lessee or of both spouses or common-law partners as owners or lessees, as the case may be, are terminated.

Unmarried cohabitation

14(1) Where common-law partners have cohabited for a period of at least one year and they are together the parents of a child, this Act applies with such modifications as the circumstances require.

  Unmarried cohabitation

14(1) Where common-law partners have cohabited for a period of at least one year and they are together the parents of a child, this Act applies with such modifications as the circumstances require.

 

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Opinion on Common-Law Relationships of
Jennifer A. Cooper, Q.C. - Volume 2

Proposed Changes to the Family Maintenance Act
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Review Panel on Common-Law Relationships
Opinion on Common-Law Relationships of Jennifer A. Cooper, Q.C.
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Opinion on Common-Law Relationships of Hon. A.C Hamilton, Q.C.