The division of matrimonial property is inadequate in Saskatchewan law. This report contains recommendations concerning the exercise of judicial discretion and co-ownership of the matrimonial home.
This Working Paper outlines a variety of approaches to remedying the unfairness in matrimonial property law. The present law of matrimonial property is unfair as it does not allow recognition of the wife’s role. In response to this out-dated and complex law, the Commission outlines a variety of approaches that have been recommended or implemented in other jurisdictions. Approaches can be classified as discretionary, fixed, composite or patch-up.