Matrimonial Real Property

The term “matrimonial real property” (MRP) refers to the house or land that a couple lives on or benefits from while they are married or in a common law relationship. In 1986, the Supreme Court of Canada ruled that provincial and territorial laws on MRP do not apply to reserve land.

Previously, the Indian Act did not contain any laws that apply to MRP on reserve land. This gap in the law had serious consequences, especially for women who live on reserve after their marriage. When a marriage or relationship ended, couples who lived on reserve could not use any laws to help them carry out their plans if they agreed on how to deal with their matrimonial real property.

As of June 19, 2013, the federal government’s Family Homes on Reserves and Matrimonial Interests or Rights Act received Royal Assent.  To help First Nations with implementation, a Centre of Excellence (COE) for MRP was created. For more information visit, www.coemrp.ca

Resources:

2014 Matrimonial Real Property Toolkit, Version 1.3

Model MRP Law Making Process Version 1.3

Model MRP Law Ratification Process Version 1.3

2014 MRP COE Presentation Teresa Edwards

2013 Family Homes on Reserves and Matrimonial Interests or Rights Act

2007 NWAC Matrimonial Real Property A Issue Paper

2007 NWAC Reclaiming Our Way of Being Matrimonial Real Property Solutions Position Paper

2007 Report of the Ministerial Representative MRP Issues on Reserves

2006 NWAC A Toolkit on Matrimonial Real Property

2006 An Information Kit on Matrimonial Real Property

2003 INAC After Marriage Breakdown MRP On Reserve