Thank you, Mr. Speaker. I recently encountered an unfortunate situation that was brought to me by a constituent regarding habitation in a family home. My constituent was living in a home with a spouse, and the long-term relationship was breaking down. The title to the home was in the spouse’s name only. My constituent was extremely concerned that occupancy of their shared home would be denied during or after the marriage breakdown, basically thrown out on the street.
Although it’s not well known, this situation is covered under our Family Law Act. Section 51 of the act states, “If the home is only in the name of one spouse, the other spouse’s right to occupy the home ends six months after they have separated.”
This is the situation for common-law spouses. For married spouses, the right to occupy the home ends when the divorce is final. That period – six months or longer – will ensure that a spouse is not left homeless during the separation in both common-law and married spouse cases. The spouse who does not have an interest in the family home has a period of time when he or she is guaranteed occupancy in that home.
I wanted to talk about this today because separation and divorce happen all too frequently in today’s society and the NWT is not immune. Many spouses, women particularly, often do not have a legal interest, and by that I mean ownership in the family home. At the time of separation or divorce, when partners are unduly stressed and emotionally distraught already, the thought of becoming immediately homeless would be an additional worry.
I wanted to give this issue some publicity and some awareness, provide some assurance to NWT residents that there is a period of time during divorce or separation when they cannot be thrown out of the family home. They do have the right to possession of their home for six months or until the divorce is final.
I raised this issue with the previous Minister of Justice and I have been assured that the literature which discusses this issue will be updated when the pamphlet is reprinted. I hope the current Minister will make sure that it happens, to give residents as much correct information as possible during a very difficult period of their lives. Thank you, Mr. Speaker.
Thank you, Ms. Bisaro. Member for Inuvik Boot Lake, Mr. Moses.
