Common QuestionsIf we separate, who can stay in the home on reserve?
If you share (or shared) a home on reserve with your partner and are thinking of leaving (or have already left) the relationship, you may or may not be able to stay in the home. This depends on a number of factors, including whether you have the right to live on the reserve, who has rights to the land your home is on, what kind of housing you live in, and the band’s policies on the reserve where you live.
Good starting points include:
- Live Safe - End Abuse: Can You Stay in the Family Home on Reserve?, from the Legal Services Society, describes who can stay in the family home on reserve after a separation, what types of housing exist on reserve, and where to get help with this issue.
- Information on Spousal Rights to the Family Home on Reserve, from Indian and Northern Affairs Canada, is an online resource that explains matrimonial property and how couples who live on a reserve have fewer rights with respect to the family home when a marriage or common-law relationship ends than people who live off a reserve.
- 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".
- Aboriginal rights, housing on reserve, native housing, dividing property, spousal rights, matrimonial property