BILL NO. 255
(as introduced)
1st Session, 64th General Assembly
Nova Scotia
1 Charles III, 2022
Private Member's Bill
Partition Act
(amended)
Elizabeth Smith-McCrossin
Cumberland North
First Reading: November 9, 2022
Second Reading:
Third Reading:
Explanatory Notes
(a) allows spouses and former spouses a right of first refusal on subsequent sales of partitioned lands; and
(b) allows a spouse or former spouse to purchase land when it is required to be sold as a result of not being partitionable.
Clause 2 requires the Supreme Court of Nova Scotia, judges and commissioners to consider the best interests of any child of an owner resident on the land when exercising a power respecting partition.
An Act to Amend Chapter 333
of the Revised Statutes, 1989,
the Partition Act
Be it enacted by the Governor and Assembly as follows:
1 Chapter 333 of the Revised Statutes, 1989, the Partition Act, is amended by adding immediately after Section 28 the following Section:
- 28A (1) In this Section, "spouse" of an individual means
(a) an individual who is cohabiting with that individual in a conjugal relationship as married spouses;
(b) a registered domestic partner of that individual; or
(c) an individual who is cohabiting with that individual in a conjugal relationship for a period of at least one year as common-law partners.
(2) Where any land jointly owned by spouses or former spouses is divided under a partition made under this Act, the spouse or former spouse shall have a right of first refusal on any subsequent sale of the land awarded to the other spouse or former spouse.
(3) Where any land jointly owned by spouses or former spouses is divided under a partition made under this Act and is ordered to be sold under Section 28, a spouse or former spouse may acquire all the interest and title of the other spouse or former spouse by paying to the other spouse or former spouse such sum as the Court or judge directs.
2 Chapter 333 is further amended by adding immediately after Section 49 the following Section:
- 50 A Court, judge or commissioner shall, when exercising a power under this Act, consider the best interests of any child of an owner of the land that is the subject of the power who is resident on the land.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2022 Crown in right of Nova Scotia. Created November 9, 2022. Send comments to legc.office@novascotia.ca.
