Chippewas of Nawash Matrimonial Real Property Law Creation, Part 1

Survey Part 1

Instructions:

Please read each question carefully.
Please answer each question. If you have any questions about this survey, please feel free to contact Nuala Robinson, the MRP Coordinator, at 519-534-1689.
Please provide any comments or suggestions you may have in the space provided at the end of the survey.

The questions are grouped as follows:

Relationships - questions 1, 2, and 3
Matrimonial Home and Real Property - questions 4 and 5
Disposal of Matrimonial Real Property - questions 6 and 7
Division of Matrimonial Real Property at Relationship Breakdown - questions 8, 9, 10, and 11

Thank you for your time!

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* 1. Do you want to grant non-member married spouses real property rights under this law?

Yes

Partial Rights (please specify)

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* 2. Do you want to grant non-member common-law spouses real property rights under this law?

Yes

Partial Rights (please specify)

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* 3. How long do people have to live together to be considered common-law spouses for purposes of this matrimonial law?

Under 1 year

1 year

3 years

Over 3 years

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* 4. Do you agree that the primary residence of the spouses during the relationship should be considered the matrimonial home?

Yes

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* 5. Would other real property besides the home (i.e. vacant land, businesses, cottages, etc.) be covered under this law as matrimonial real property?

Yes

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* 6. A spouse would like to sell land, mortgage it, or dispose of it. Should the other spouse have to give consent for this to happen?

Yes

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* 7. If yes, what should happen if the spouse sells, mortgages, or disposes of land without their spouse’s consent?

Impose a fine under this law

Declare the transaction invalid

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* 8. In the situation that spouses cannot agree on the value of the property, should that value be determined by an independent appraisal?

Yes

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* 9. The current federal law allows a non-member spouse to claim ½ value of investments into the construction and maintenance of the home during marriage. Should this arrangement be made into our law?

Yes

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* 10. For relationships where both spouses are band members, do you want the First Nation to be able to order the transfer of the home to one of the two spouses to carry out property division?

Yes

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* 11. In the event of a relationship breakup, how long will a spouse have to make a claim for matrimonial real property?

6 months

12 months

18 months

Other (please specify)

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* 12. Please provide any additional comments or questions you may have.

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* 13. Name and Member Number

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* 14. If you would like to receive a thank you gift for participation, please fill out the following:

Name

Address

Address 2

City/Town

Province

Postal Code

Email Address

Phone Number