Matrimonial Property Law: The Movement towards Equality - Separation or Community?

  • Olive M. Stone


The influence of the common law on the development of matrimonial property law in Canada is discussed in this historical view of the subject. Separation of property and community property are explained, with illustrations from Commonwealth cases. In conclusion, the author compares the legislation which has been enacted in selected foreign jurisdictions with that which exists in Canada, and suggests personal view of the main principles to be considered in any current legislation.