Chippewas of Nawash Matrimonial Real Property Law Creation, Part 3

Survey Part 3

Instructions:

Please read each question carefully.
Please answer each question. If you have any questions about this survey, please feel free to contact Nuala Robinson, the MRP Coordinator, at the band office (519-534-1689) or by cell (519-379-8414).
Please provide any comments or suggestions you may have in the space provided at the end of the survey.

This survey section deals only with Exclusive Occupation Orders - Right to Reside in the Home.

These orders may be for a short or long period of time. It could allow for one of the spouses to occupy the home on-reserve after a breakup or death.

Thank you for your time!

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* 1. 20. (a) Do you want to grant a non-member spouse a right to reside in the matrimonial home (exclusive occupancy) if there is a breakdown in the relationship?

Yes

Yes, by an agreement with the First Nation

Comments

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* 2. 20. (b) If yes, how long should they be able to reside in the matrimonial home?

2 months

6 months

As required as a guardian of band member children

Longer

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* 3. 20. (c) How will this right to reside be secured?

Band Council Resolution (agreement, residency)

By Court Order

Comments

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* 4. 21. In the event of a relationship breakdown, do you agree that the spouse that wins exclusive occupancy of the matrimonial home should be the person that pays the mortgage, rent, or lease on that property during that time?

Yes

Comments

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* 5. 22. Should the fact that there are band member children in the home be an important factor when determining which spouse stays in the home and for how long?

Yes

Comments

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* 6. 23. What other factors should be considered when deciding on requests for exclusive occupation orders? Check all that apply.

Best interests of the child(ren)

Interests of elderly occupying in the home

Terms of agreement between spouses

Financial situation(s)

Collective interests of First Nation (council input)

Medical issues of applicant(s)

History of family violence or abuse

Other (please specify)

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* 7. 24. What if the non-member wants to allow other people to live in the home while the exclusive occupation order is in effect?

Other people may reside by First Nation agreement

Other people may reside according to Residency protocol/policy/law

Comments

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* 8. Please provide any comments or suggestions you may have.

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* 9. Name and Member Number

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* 10. Please provide your email address here if you would like to receive specific information on the Family Homes on Reserves and Matrimonial Interests or Rights Act with respect to the questions in this survey.

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* 11. If you would like to receive a thank you gift for participation, please fill out the following:

Name

Address

Address 2

City/Town

Province/State

Postal/Zip Code

Country

Phone Number