Matrimonial Property

AuthorStephen G.A. Pitel; Nicholas S. Rafferty
Pages501-510
CHAPTER
26
MATRIMONIAL
PROPERTY
A.
INTRODUCTION
Most
legal
systems
have
laws
that
address
the
division
of
the
prop
erty
of
spouses
on
the
dissolution
of
their
marriage.
For
example,
af
ter
a
lengthy
marriage,
most
of
the
property
all
immovable
property
and
all
significant
movable
property
might
be
owned
by
one
of
the
spouses.
When
the
marriage
ends,
it
is
unfair
for
that
person
to
retain
all
of
that
property.
Accordingly,
some
division
of
the
spouses
matri
monial
property
is
necessary.
If
they
cannot
resolve
the
division
them
selves,
court
proceedings
will
be
required.
Similar
issues
can
arise
on
the
dissolution
of
a
common
law
re
lationship.
Absent
specific
statutory
provisions,
1
a
claim
to
property
division
in
this
context
is
treated
by
the
common
law
as
an
unjust
en
richment
claim.
Such
claims
are
examined
in
Chapter
15.
2
While
it
is
common
to
refer
to
this
process
as
a
division
of
matri
monial
property,
it
is
unusual
in
practice
for
the
court
to
make
an
order
that
specific
items
of
property
are
owned,
going
forward,
by
one
spouse
or
the
other.
The
property
is
not
divided
in
that
way.
The
typical
order
simply
requires
the
spouse
owning
more
of
the
matrimonial
property
1
See,
for
example,
The
Family
Property
Act,
CCSM
c
F25,
s
2.1.
2
See,
for
example,
Christopher
v
Zimmerman,
Knowles
v
Lindstrom,
501

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