Open AccessMatrimonial Property - The New Regime
Author(s) -
Peter J. M. Lown,
Frances L. Bendiak
Publication year - 1979
Publication title -
alberta law review
Language(s) - English
Resource type - Journals
eISSN - 1925-8356
pISSN - 0002-4821
DOI - 10.29173/alr2226
Subject(s) - possession (linguistics) , discretion , legislation , jurisdiction , law , property (philosophy) , legislature , political science , law and economics , business , economics , philosophy , linguistics , epistemology
On January 1,1979, the Alberta Legislature enacted the Matrimonial Property Act governing pro perty rights between married persons upon marital breakdown. The authors examine the legislation and attempt to answer questions likely to be ofinterest to practising lawyers, such as: Under what cir cumstances can an Alberta court take jurisdiction in matrimonial property application? What pro perty is governed by the Act What factors will the court consider when exercising the discretion granted to it under the Act What are the special rules relating to matrimonial home possession? In analysing these and other issues, the authors examine the wording of the legislation in light of its policy, and speculate upon ambiguities that must await judicial pronouncement for resolution. They point out that, depending upon the approach taken by the courts in construing the Act, the overall policy, to determine what is fair and equitable distribution of the property between the parties, may or may not be accomplished.