Matrimonial property is property owned or obtained by either or both married spouses before or during their marriage. It is sometimes called 'matrimonial assets.' Matrimonial property includes the matrimonial home – the home that the couple lived in during their marriage.
Matrimonial property includes many things, not just physical property like land or houses. It also includes things like the contents of the home, like furniture and appliances, vehicles that the couple owned while married, and sometimes other things as well. It may include work pensions that either spouse may have, and also certain debts that the parties have.
The law that deals with matrimonial property in Nova Scotia is called the Matrimonial Property Act . This act only applies to married couples, or couples who are in a r egistered d omestic p artnership. This act does not apply to common law couples.
When a married couple separates, either person can apply to the court to divide property, pensions, or debts. These issues, though, are usually dealt with during a divorce. It is important to speak to a lawyer for advice before dividing property, pensions, or debts. Once a couple is divorced, these issues are usually finished. You usually can't re-open them in the future if you’ve made a mistake.
NOTE : Please click here for information about matrimonial property for persons living in a First Nations community.
It is always a good idea to speak with a lawyer if you are dealing with a divorce and division of property. Click here for information about legal support and advice options in Nova Scotia, including no- and low-cost services.