Bill 230 — Third Ses:Sion, 18Th Legislature, 26 Elizabeth Ii the Legislative Assembly of Alberta Bil'L 2'8' the Matrimonial Property ,Act (Legislature 18, Session 3)

L18 S3 5835

Alberta — Bills

1977 Bill Third Ses:sion, 18th Legislature, 26 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BIL'L 2'8' THE MATRIMONIAL PROPERTY ,ACT MR. CLARK First Reading .............................. . Second Reading .............................. . Third Reading ............ .... ~ ,'" . . . . . . . . . . . . Printed by the Queen's Printer for the Province of Alberta, EDMONTON Bill M1'. Clark BILL THE MATRIMONIAL PROPE'RTY ACT (Assented to , 1977) HER IVrAJE~TY, by and with the advic'e and C'onsent of the Legislative Asse'mbly of Alberta, enacts as follows: 1.

In this Act, (a) "marriage" means a m'arriage where both parties are domiciled in the Province, being either (1) a lawful m'ar ri age , wherever and whenever contracted, excepting any marriage where the parties are living separate and apart pursuant to an agreement in writing approved by a court or a court order, or (ii) a common law marriage where the parties have lived together for more than three years in aggregate, excepting any common law mar riage where tbe parties are living separate and apart pursuant to an agreement in wr:iting approved by a court; ('b) "property" means real or personal property, wherever situate, which is capable of being dis posed of by a will under The Wills Act, but shall not include real property which is, on January 1, 1979, held by the p,arties to a m'arriage as joint tenants. 2.

The parties to any m'arriage shall be deemed to own a;11 property acquired at any time during the marriage, by either party individually or by both parties jointly 'Or in common, as tenant'S in common, as to each. ,an undivided one-half interest, unles1s the parties to the marriage both otherwise agree by a settlement in writing prior to January 1st, 1979 or prior to a marriage entered into after that date. 3,.

For the purposes of this Act a Jgdgeof the Supreme Court shall have the power to hear an application on or iginating notice for the approval of an agreement relating to the separation of and disposition of property between parties to a common law marriage where the parties have lived together for more than three years in aggregate and may approve Dr amend the agreement. ~ 4. This Act comes into force on the day upon which it is assented to. Explanatory Notes General.

This Bill will provide that property- acquired during marriage will be owned equally by .the hus!band and wife uniess they make an agreement otJherwise prior to marriage or prior to January 1, 1:97t9. I.

Definitions. 2. Property held as tenants in common in equal shares. 3. Court order relating to common-law marriage. 4. Coming into force. Title: 1977 (18th, 3rd) Bill 230, The Matrimonial Property Act

Document details

Collection	Alberta — Bills
Citation	L18 S3 5835
Type	bill
Volume / chapter	L18 S3 5835
Language	en
Format	json
Source	PROVINCIAL
Identifier	213aa32ccbfbf15288bf22602c05dba1df6f1900

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