Common Questions
If we separate, who can stay in the home on reserve?Last reviewed November 2020 by the Clicklaw Editors
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 Aid BC, includes information about the 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 Aid BC, explains the basics of family law in BC and includes a section on "Property division for Aboriginal and non-Aboriginal spouses" in the chapter Settling Other Money Matters.
Need more help?
- Aboriginal Community Legal Workers, from Legal Aid BC, provides legal information and referrals to other services.
- Find more help near you on Clicklaw HelpMap.
See our related common questions:
- tags
- Aboriginal rights, housing on reserve, native housing, dividing property, spousal rights, matrimonial property
