| Marital property regime | | |
The Family Law Act refers to "net family property" to that shared by the spouses. When marriage is disolved, the net family property of each spouse is calculated based on actual title to assets - with a few exclusions - minus actual debts. Half of the value of the joint assets and debts are credited and debited to each spouse. Whichever spouse has the lesser value of property is entitled to an equalization payment from the other spouse. Exceptions are the marital home, which is treated as joint property for the calculation, and inheritance, gifts, damages for personal injury, life insurance proceeds, contractual exclusion or unadjustable pension earnings, which are excluded from the calculation. What is the default marital property regime? | Partial community of property | Family Law Act, Sec. 4-5 and 18
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| Who legally administers joint marital property? | Both Spouses | Family Law Act, Sec. 21
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| In the case of dissolution of the marriage, who is entitled to ownership of the marital home? | Both spouses | Family Law Act, Sec. 24
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| Joint titling | | |
| For property acquired during the course of a marriage, is there a legal presumption of joint ownership between the husband and the wife? | Yes | Family Law Act, Sec. 4-5 and 18
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| Does joint titling of major assets (such as land or the marital home) exist for married couples? | Yes | Family Law Act, Sec. 4-5 and 18
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| If joint titling exists for married couples, is it the default for marital property? | Yes | Family Law Act, Sec. 4-5 and 18
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| Rights over moveable and immoveable property | | |
| Do unmarried men and unmarried women have equal ownership rights to moveable property? | Yes | Substitute Decisions Act, Ch. 30, Sec. 2.1
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| Do unmarried men and unmarried women have equal ownership rights to immoveable property? | Yes | Substitute Decisions Act, Ch. 30, Sec. 2.1
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| Do married men and married women have equal ownership rights to moveable property? | Yes | Family Act, Sec. 4 - 5
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| Do married men and married women have equal ownership rights to immoveable property? | Yes | Family Act, Sec. 4 - 5 and 18
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| Do sons and daughters have equal inheritance rights to moveable property from their parents? | Yes | Succession Law Reform Act, Sec. 46 - 47
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| Do sons and daughters have equal inheritance rights to immoveable property from their parents? | Yes | Succession Law Reform Act, Sec. 46 - 47
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| Do female and male surviving spouses have equal inheritance rights to moveable property? | Yes | Succession Law Reform Act, Sec. 44- 47
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| Do female and male surviving spouses have equal inheritance rights to immoveable property? | Yes | Succession Law Reform Act, Sec. 44- 47
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| In the case of the death of one of the spouses, does the surviving spouse, regardless of gender, have equal inheritance rights to the marital home? | Yes | Succession Law Reform Act, Sec. 44
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