Common QuestionsIf we separate, who can stay in the home on reserve?
If you live on reserve with your partner and you separate, there are a number of factors that determine who may be able to stay in the home. These include how long you have lived together, who is a member of the First Nation and the best interests of any children involved.
Good starting points include:
- Your home on reserve -- Who can stay on the family home on reserve?, from Legal Services Society's Aboriginal Legal Aid website, includes information about the recent changes to the law that took effect December 16, 2014. It describes who can stay in the family home on reserve after a separation, who these laws apply to, and where to get help.
- Living Together or Living Apart: Common-Law Relationships, Marriage, Separation, and Divorce, from Legal Services Society, explains the basics of family law in BC and includes a section on "If you're Aboriginal - Property division".
See our related common questions:
- Aboriginal rights, housing on reserve, native housing, dividing property, spousal rights, matrimonial property