Supplemental MRP Survey

Questionnaire #5 - Supplemental Questions

Thank you for previously filling out the Matrimonial Real Property questionnaires. We are now drilling down into details of some of the responses we've received and would very much appreciate you taking the time to answer a few more questions.

As a reminder, non-members are NOT allowed by law to own land on the reserve.

Please feel free to reach out to the MRP Coordinator, Nuala Robinson, if you have any questions or wish to discuss these questions or your answers.

Email: mprcoordinator@nawash.ca

Office: 519-534-1689

Cell: 519-379-8414

Question Title

* 1. What rights should non-member married spouses be allowed on death of member spouse?

Occupancy of matrimonial home per pre-arranged spousal agreement

Occupancy of home with dependent member children until they reach majority

Occupancy for a limited time of six months (no children involved)

Occupancy until their death (in case of an elderly – over 65 – person)

Half the value of the home (less outstanding debt)

Other (please specify)

Question Title

* 2. In the event of a marital breakdown, non-member spouse is entitled to:

Half the value of the home (less outstanding debt)

Half the value of improvements to the home (e.g., value of new roof)

Other (please specify)

Question Title

* 3. If the member spouse dies, the non-member spouse’s rights to other real property (i.e., vacant land, businesses, cottages, other than the matrimonial home) located on the reserve are:

Right to retain and use only as long as they are allowed to remain a resident on the reserve

Sold, with half the value being distributed to the non-member surviving spouse

Right to use until heirs assume ownership

Other (please specify)

Question Title

* 4. “Survivor” means the spouse or common-law spouse of the deceased member. What should happen if a spouse dies and there is a survivor spouse that was never divorced from the late spouse and a common-law spouse who was living with the late spouse at the time of their death?

Any existing will would govern, so long as it is not contrary to the law (i.e., cannot leave property to non-members)

Surviving spouse inherits

Common-law partner inherits

Common-law partner inherits depending on how long their relationship has been

Estate is divided among the two

Other (please specify)

Question Title

* 5. Should domestic contracts be recommended for marriages between members and non-members?

Yes

Maybe (specify)

Question Title

* 6. If yes, should they be reviewed for compliance with regulations/policies prior to marriage and by whom?

Yes, by legal counsel for each individual

Maybe

Other (please specify)

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* 7. If an elderly couple has lived on the reserve for most of their lives and the elder member spouse passes away, should the surviving elder non-member spouse be allowed to remain in the home for the remainder of their life?

Yes, so long as the heirs allow this and by approval of chief and council

Other (please specify)

Question Title

* 8. At what age should a person be considered "elderly" for the purposes of the previous question?

60 years

65 years

Other (please specify)

Question Title

* 9. Member Number:

Question Title

* 10. Contact info:

Name *

Address

Address 2

City/Town

Province

Postal Code

Email Address