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What Rights Does A Married Persons Have With Respect To Property?

Subject to rights of spouses in real property under The Homesteads Act and provisions of The Family Maintenance Act, or provisions in any pre­nuptial or post­nuptial agreement between spouses, The Marital Property Act provides:a married woman or a married man has a right, to apply for an accounting and equalization of assets, both personal and commercial which are not exempt from such equalization under the said Act;

  • either spouse may make application to court to vary equal division of family or commercial assets;
  • in any application to vary from equal division of assets, the court will not consider the conduct of spouses toward one another (such as desertion or adultery); the only conduct to be considered would be conduct tending to dissipate the assets to the detriment of the other spouse or to defraud the other spouse.

    The Family Maintenance Act provides that spouses have a mutual obligation to contribute reasonably to each other’s support.

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