Assets of Couples (3:IX) - Revision history

LSLAP: /* 3. Supreme Court Family Rules [SCFR] */

2025-11-10T20:06:53Z

3. Supreme Court Family Rules [SCFR]

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	=== 3. Supreme Court Family Rules [SCFR] ===		=== 3. Supreme Court Family Rules [SCFR] ===

	The Supreme Court Family Rules contain several procedural provisions for dealing with property.		The ''Supreme Court Family Rules'' contain several procedural provisions for dealing with property.

	For example, Rule 12-1 allows for the detention, preservation, and recovery of property that is the subject matter of a family law case. Rule 12-4 allows for a pre-trial injunction. Rule 15-8 permits the Court to order a sale of property if it appears necessary and expedient that the property be sold. Where a dispute arises, an application can be made to the Supreme Court to settle the matter, but clients should be advised that a court action is costly. Additionally, a negotiated settlement is generally to their advantage because courts have a wide discretion to distribute family property. For example, a court could order the sale of property at a time when the housing market is poor, resulting in a low sale price. Sometimes, a spouse should consider selling their interest in a property to the other spouse.		For example, Rule 12-1 allows for the detention, preservation, and recovery of property that is the subject matter of a family law case. Rule 12-4 allows for a pre-trial injunction. Rule 15-8 permits the Court to order a sale of property if it appears necessary and expedient that the property be sold. Where a dispute arises, an application can be made to the Supreme Court to settle the matter, but clients should be advised that a court action is costly. Additionally, a negotiated settlement is generally to their advantage because courts have a wide discretion to distribute family property. For example, a court could order the sale of property at a time when the housing market is poor, resulting in a low sale price. Sometimes, a spouse should consider selling their interest in a property to the other spouse.

LSLAP at 16:49, 10 November 2025

2025-11-10T16:49:10Z

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	{{REVIEWED LSLAP \| date= ~~June 23~~, ~~2024~~}}		{{REVIEWED LSLAP \| date= November 8, 2025}}
	{{LSLAP Manual TOC\|expanded = family}}		{{LSLAP Manual TOC\|expanded = family}}

LSLAP at 16:37, 10 November 2025

2025-11-10T16:37:00Z

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	:(g) Property derived from property or the disposition of property referred to in any of paragraphs (a) to (f).		:(g) Property derived from property or the disposition of property referred to in any of paragraphs (a) to (f).

	Any increases in the value of the excluded property that occur during the relationship are considered family property and are not excluded from division. The spouse claiming that the property in question qualifies as ''excluded property'' is responsible for demonstrating that it fits the definition under s. 85(1) (''[https://canlii.ca/t/g0d8k Bressette v Henderson]'', 2013 BCSC 1661).		Any increases in the value of the excluded property that occur during the relationship are considered family property and are not excluded from division. The spouse claiming that the property in question qualifies as ''excluded property'' is responsible for demonstrating that it fits the definition under s 85(1) (''[https://canlii.ca/t/g0d8k Bressette v Henderson]'', 2013 BCSC 1661).

	However, if property is excluded under s. 85(1), then it remains excluded even if legal or beneficial ownership transfers from one spouse to the other.		However, if property is excluded under s 85(1), then it remains excluded even if legal or beneficial ownership transfers from one spouse to the other.

	This property division regime applies to all married spouses as well as all unmarried common-law spouses who have lived in a marriage-like relationship for at least two years. The date of separation will be the relevant date used to identify the pool of family property to be divided. However, it is the date of the hearing or agreement which determines the date of valuation of property. Spouses may choose to opt out of these property division rules but must make these different arrangements through an agreement.		This property division regime applies to all married spouses as well as all unmarried common-law spouses who have lived in a marriage-like relationship for at least two years. The date of separation will be the relevant date used to identify the pool of family property to be divided. However, it is the date of the hearing or agreement which determines the date of valuation of property. Spouses may choose to opt out of these property division rules but must make these different arrangements through an agreement.

	Family property is defined at s. 84(1):		Family property is defined at s 84(1):

	:(a) On the date the spouses separate,		:(a) On the date the spouses separate,

LSLAP: /* G. Limitation Period */

2025-11-09T23:41:51Z

G. Limitation Period

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	== G. Limitation Period ==		== G. Limitation Period ==

	See [[Court Procedures in Family Law (3:XV)#A. Limitation Dates\|Section XV Part A: Limitation Dates]] for the limitation periods for beginning property division proceedings for married spouses and common-law spouses.		See '''[[Court Procedures in Family Law (3:XV)#A. Limitation Dates\|Section XV Part A: Limitation Dates]]''' for the limitation periods for beginning property division proceedings for married spouses and common-law spouses.

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LSLAP: /* G. Limitation Period */

2025-11-09T23:41:35Z

G. Limitation Period

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	== G. Limitation Period ==		== G. Limitation Period ==

	See Section XV Part B: Limitation Dates for the limitation periods for beginning property division proceedings for married spouses and common-law spouses.		See [[Court Procedures in Family Law (3:XV)#A. Limitation Dates\|Section XV Part A: Limitation Dates]] for the limitation periods for beginning property division proceedings for married spouses and common-law spouses.



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LSLAP: /* F. Interim Relief */

2025-11-09T23:40:28Z

F. Interim Relief

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	== F. Interim Relief ==		== F. Interim Relief ==

	The Court may make a number of orders for interim relief under Part 5, Division 3 of the FLA. This means that prior to a trial on all the issues in the proceeding, the Court may:		The Court may make a number of orders for interim relief under Part 5, Division 3 of the ''FLA''. This means that prior to a trial on all the issues in the proceeding, the Court may:

	:*Order an interim distribution of family property that is at issue to provide money to fund (s 89):		:*Order an interim distribution of family property that is at issue to provide money to fund (s 89):
	::*Family dispute resolution,		::*Family dispute resolution,
	::*All or part of a proceeding under the FLA, or		::*All or part of a proceeding under the ''FLA'', or
	::*Obtaining information or evidence in support of family dispute resolution or an application to a court.		::*Obtaining information or evidence in support of family dispute resolution or an application to a court.
	:*Order temporary exclusive occupation and possession of the family residence by just one spouse (s 90).		:*Order temporary exclusive occupation and possession of the family residence by just one spouse (s 90).

LSLAP: /* F. Interim Relief */

2025-11-09T23:40:08Z

F. Interim Relief

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	== F. Interim Relief ==		== F. Interim Relief ==

	The Court may make a number of orders for interim relief under Part 5, Division 3 of the ''FLA''. This means that prior to a trial on all the issues in the proceeding, the Court may:		The Court may make a number of orders for interim relief under Part 5, Division 3 of the FLA. This means that prior to a trial on all the issues in the proceeding, the Court may:
	* Order an interim distribution of family property that is at issue to provide money to fund (s 89):
	** Family dispute resolution,		:*Order an interim distribution of family property that is at issue to provide money to fund (s 89):
	** All or part of a proceeding under the ''FLA'', or		::*Family dispute resolution,
	** Obtaining information or evidence in support of family dispute resolution or an application to a court.		::*All or part of a proceeding under the FLA, or
	* Order temporary exclusive occupation and possession of the family residence by just one spouse (s 90).		::*Obtaining information or evidence in support of family dispute resolution or an application to a court.
	* Order restraining a spouse from disposing of any property at issue under Part 5 (property division) or Part 6 (pension division) until or unless the other spouse establishes that a claim made under Part 5 or Part 6 will not be defeated or adversely affected by the disposal of property (s 91(1)).		:*Order temporary exclusive occupation and possession of the family residence by just one spouse (s 90).
	* Order the possession, delivery, safekeeping, and preservation of property (s 91(2)(a)).		:*Order restraining a spouse from disposing of any property at issue under Part 5 (property division) or Part 6 (pension division) until or unless the other spouse establishes that a claim made under Part 5 or Part 6 will not be defeated or adversely affected by the disposal of property (s 91(1)).
	* Prohibit one spouse from disposing of, transferring, converting, or exchanging into another form, property in which the application may have an interest, or vesting all or a portion of property in, or in trust for, the application (s 91(2)(b)).		:*Order the possession, delivery, safekeeping, and preservation of property (s 91(2)(a)).
			:*Prohibit one spouse from disposing of, transferring, converting, or exchanging into another form, property in which the application may have an interest, or vesting all or a portion of property in, or in trust for, the application (s 91(2)(b)).

	== G. Limitation Period ==		== G. Limitation Period ==

LSLAP: /* E. Unmarried Couples */

2025-11-09T23:39:13Z

E. Unmarried Couples

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	== E. Unmarried Couples ==		== E. Unmarried Couples ==

	Under the ''FLA'', unmarried couples who have lived in a marriage-like relationship for at least two years are treated the same way as married couples~~. Unless an action was started under the ''FRA'', the ''FLA'' now applies (as long as the time limit has not expired) and may apply even if proceedings have already been commenced~~.		Under the ''FLA'', unmarried couples who have lived in a marriage-like relationship for at least two years are treated the same way as married couples.

	The courts will recognize an equitable interest of a common-law spouse in all the property and assets acquired by the couple through the joint efforts of the two spouses, although registered in the name of the other spouse (i.e. a constructive trust). The scope of constructive trusts was greatly expanded in Peter v Beblow (1993~~), 3 WWR 337, 77 BCLR~~ (2d) 1, in which the Court found a constructive trust arising from the contributions made by homemaking and childcare services, which allowed for the retention of money that would otherwise be paid for such services to be used as mortgage payments. Claims in trust may be constructive (as follows), resulting (implied trusts), or express. Constructive trusts are the most common type of trust claim, where the Court imposes a trust to remedy the unjust enrichment of one party at the deprivation of the other. However, there are limits, and a court will not interfere where the elements of constructive trust are not present. A causal connection must be found to exist between the contribution made and the property in question. Refer to a general text for a more comprehensive description of the elements of constructive trust. Because common law constructive trusts are relief granted by a court, spouses can make use of both the FLA requirements for equal division and common law constructive trust principles when seeking relief for unfair division of property.		The courts will recognize an equitable interest of a common-law spouse in all the property and assets acquired by the couple through the joint efforts of the two spouses, although registered in the name of the other spouse (i.e. a constructive trust). The scope of constructive trusts was greatly expanded in ''[https://canlii.ca/t/1fs3f Peter v. Beblow]'', 1993 CanLII 126 (SCC), in which the Court found a constructive trust arising from the contributions made by homemaking and childcare services, which allowed for the retention of money that would otherwise be paid for such services to be used as mortgage payments. Claims in trust may be constructive (as follows), resulting (implied trusts), or express. Constructive trusts are the most common type of trust claim, where the Court imposes a trust to remedy the unjust enrichment of one party at the deprivation of the other. However, there are limits, and a court will not interfere where the elements of constructive trust are not present. A causal connection must be found to exist between the contribution made and the property in question. Refer to a general text for a more comprehensive description of the elements of constructive trust. Because common law constructive trusts are relief granted by a court, spouses can make use of both the ''FLA'' requirements for equal division and common law constructive trust principles when seeking relief for unfair division of property.

	== F. Interim Relief ==		== F. Interim Relief ==

LSLAP: /* D. Use of Assets */

2025-11-09T23:38:32Z

D. Use of Assets

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	== D. Use of Assets ==		== D. Use of Assets ==

	The Court can award one spouse exclusive use of assets pending further agreement between the parties or a Court order. This can include large assets such as a home and car; or smaller assets as may be required to operate a business, or for the departing spouse’s television, computer, or books, for example.		The Court can award one spouse exclusive use of assets pending further agreement between the parties or a Court order. This can include large assets such as a home and car; or smaller assets as may be required to operate a business, or for the departing spouse’s television, computer, or books, for example.

	== E. Unmarried Couples ==		== E. Unmarried Couples ==

LSLAP: /* 5. Business Assets */

2025-11-09T23:37:58Z

5. Business Assets

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	=== 5. Business Assets ===		=== 5. Business Assets ===

	Business property is family property unless it is excluded property under the ''FLA''.		Business property is family property unless it is excluded property under the ''FLA''.

	=== 6. Companion Animals ===		=== 6. Companion Animals ===