Matrimonial property, or ‘matrimonial assets,’ is made up of property owned or obtained by either or both married spouses before or during their marriage, and 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 people who are in a Registered Domestic Partnership. 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, and you probably cannot re-open them in the future if you’ve made a mistake.
You can click on the topics on the left-hand side of this page for more information on dividing matrimonial property. Frequently asked questions, or ‘FAQs,’ are where you will find answers to the questions people ask most about these topics.
For information on dividing matrimonial property, click here.