Divorce and Real Property on American Indian Reservations: Lessons for First Nations and Canada

  • Joseph Thomas Flies Away Director of the Hualapai Department of Planning and Community Vision
  • Carrie Garrow Center for Indigenous Law, Governance & Citizenship at Syracuse University College of Law
  • Miriam Jorgensen Research Director of the Harvard Project on American Indian Economic Development, Associate Director for Research of the Native Nations Institute at the University of Arizona
Keywords: Property


Four case studies of American Indian nations' treatment of matrimonial real property disputes under formal tribal law, customary law, state law, and some mixtures are presented. Derivative lessons suggest that First Nations, supported by the Government of Canada, ought to develop their own rules and adjudication mechanisms to address these disputes.