Deciding Who Will Move Out When You Separate - Revision history

Elena Renderos: /* Should I get a separation agreement? */

2021-05-13T03:40:41Z

Should I get a separation agreement?

← Older revision		Revision as of 03:40, 13 May 2021
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	You should speak with a lawyer about how to force the sale of the home and whether a court will make that order.		You should speak with a lawyer about how to force the sale of the home and whether a court will make that order.

	===Should I ~~get~~ a separation agreement?===		===Should I make a separation agreement?===
	If you and your spouse are separating, the best plan is to make an agreement. But you need to be getting along well enough to work out the issues, either on your own or with the help of lawyers.		If you and your spouse are separating, the best plan is to make an agreement. But you need to be getting along well enough to work out the issues, either on your own or with the help of lawyers.

Elena Renderos: /* You won’t lose your legal right to a share of the home */

2021-04-30T17:45:15Z

You won’t lose your legal right to a share of the home

← Older revision		Revision as of 17:45, 30 April 2021
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	{\| class="wikitable"		{\| class="wikitable"
	\|align="left"\|'''Tip'''		\|align="left"\|'''Tip'''
	Legal Aid BC’s Family Law website [~~[Legal Aid BC’s Family Law website explains how to protect~~ yourself financially after you separate~~, including steps you can take to protect your interest in the family home.\|~~explains how to protect yourself financially after you separate]], including steps you can take to protect your interest in the family home.		Legal Aid BC’s Family Law website [https://family.legalaid.bc.ca/finances-support/property-debt/protecting-yourself-financially-after-you-separate explains how to protect yourself financially after you separate], including steps you can take to protect your interest in the family home.
	\|}		\|}

Elena Renderos: /* Should I get a separation agreement? */

2021-04-27T01:38:56Z

Should I get a separation agreement?

← Older revision		Revision as of 01:38, 27 April 2021
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	===Should I get a separation agreement?===		===Should I get a separation agreement?===
	If you and your spouse are separating, the best plan is to make an agreement. But you need to be getting along well enough to ~~negotiate a settlement~~ or ~~negotiate an agreement through your~~ lawyers.		If you and your spouse are separating, the best plan is to make an agreement. But you need to be getting along well enough to work out the issues, either on your own or with the help of lawyers.

	A '''separation agreement''' puts in writing who will live in the home. It can also sort out other issues, such as:		A '''separation agreement''' puts in writing who will live in the home. It can also sort out other issues, such as:

Elena Renderos: /* Can I take money from a joint account? */

2021-04-27T01:37:16Z

Can I take money from a joint account?

← Older revision		Revision as of 01:37, 27 April 2021
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	* you have an income and your partner doesn’t, or		* you have an income and your partner doesn’t, or
	* payments for important family expenses like the mortgage come from the joint account		* payments for important family expenses like the mortgage come from the joint account.

	{\| class="wikitable"		{\| class="wikitable"

Elena Renderos: /* You won’t lose your legal right to a share of the home */

2021-04-27T01:29:11Z

You won’t lose your legal right to a share of the home

← Older revision		Revision as of 01:29, 27 April 2021
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	If you both own the home or are both listed on the lease or rental agreement, you can move back in if you want. It’s your place, too. But in this case, you ''should tell'' your partner your plan. If returning could escalate conflict, you may want to think twice. If you can’t get along, you may need a court order to move back in or to force your partner to move out. You should get legal advice in this case.		If you both own the home or are both listed on the lease or rental agreement, you can move back in if you want. It’s your place, too. But in this case, you ''should tell'' your partner your plan. If returning could escalate conflict, you may want to think twice. If you can’t get along, you may need a court order to move back in or to force your partner to move out. You should get legal advice in this case.

	===You won’t lose your legal right to a share of the home===		====You won’t lose your legal right to a share of the home====
	You may be anxious that if you move out of the family home, this will affect who gets what. Don’t worry. If you have a legal right to a share in the family home, you won’t lose that right by moving out. (However, it might be tricky to later move back in, should you decide you want to try to work through your issues and your partner isn’t sure.)		You may be anxious that if you move out of the family home, this will affect who gets what. Don’t worry. If you have a legal right to a share in the family home, you won’t lose that right by moving out. (However, it might be tricky to later move back in, should you decide you want to try to work through your issues and your partner isn’t sure.)

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	{\| class="wikitable"		{\| class="wikitable"
	\|align="left"\|'''Tip'''		\|align="left"\|'''Tip'''
	Legal Aid BC’s Family Law website [~~https://familylaw.lss.bc.ca/finances-support/property-debt/protecting-~~yourself-financially-after-you-separate explains how to protect yourself financially after you separate], including steps you can take to protect your interest in the family home.		Legal Aid BC’s Family Law website [[Legal Aid BC’s Family Law website explains how to protect yourself financially after you separate, including steps you can take to protect your interest in the family home.\|explains how to protect yourself financially after you separate]], including steps you can take to protect your interest in the family home.
	\|}		\|}

Elena Renderos: /* You can move back in after you’ve moved out */

2021-04-27T01:24:35Z

You can move back in after you’ve moved out

← Older revision		Revision as of 01:24, 27 April 2021
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	\|}		\|}

	===You can move back in after you’ve moved out===		====You can move back in after you’ve moved out====
	If you both own the home or are both listed on the lease or rental agreement, you can move back in if you want. It’s your place, too. But in this case, you ''should tell'' your partner your plan. If returning could escalate conflict, you may want to think twice. If you can’t get along, you may need a court order to move back in or to force your partner to move out. You should get legal advice in this case.		If you both own the home or are both listed on the lease or rental agreement, you can move back in if you want. It’s your place, too. But in this case, you ''should tell'' your partner your plan. If returning could escalate conflict, you may want to think twice. If you can’t get along, you may need a court order to move back in or to force your partner to move out. You should get legal advice in this case.

Elena Renderos: /* Who should move out */

2021-04-27T01:22:58Z

Who should move out

← Older revision		Revision as of 01:22, 27 April 2021
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	===Who should move out===		===Who should move out===
	Some couples keep living together after they separate, often to save money. But this isn’t possible for everyone. Sometimes living in the same home is ''not'' a good option. For example, if:		Some couples keep living together after they separate, often to save money. But this isn’t possible for everyone. Sometimes living in the same home is ''not'' a good option. For example, if:

	* There’s a risk of family violence.		* There’s a risk of family violence.
	* There is serious conflict involving the relationship and the children who live at home.		* There is serious conflict involving the relationship and the children who live at home.

	Be honest:		Be honest:

	* Do the two of you get along well enough to stay in the home together?		* Do the two of you get along well enough to stay in the home together?
	* If you have children, how much are they exposed to your conflict?		* If you have children, how much are they exposed to your conflict?

Elena Renderos at 01:20, 27 April 2021

2021-04-27T01:20:30Z

← Older revision		Revision as of 01:20, 27 April 2021
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	{{REVIEWEDPLS \| reviewer = [http://bhmlawyers.ca/team-2/samantha-~~de-wit~~/ Samantha ~~de Wit~~], Brown Henderson Melbye and [~~http~~://~~jimalelawcorp~~.~~com~~/~~about~~-~~zahra~~/ ~~Zahra H. Jimale~~], ~~Jimale~~ Law ~~Corporation~~\|date= ~~October 2018~~}} {{Dial-A-Law TOC\|expanded = divorce}}		{{REVIEWEDPLS \| reviewer = [http://bhmlawyers.ca/team-2/samantha-rapoport/ Samantha Rapoport], Brown Henderson Melbye and [https://www.southcoastlaw.ca/renee-aldana/ Renée Aldana], South Coast Law Group\|date= April 2020}} {{Dial-A-Law TOC\|expanded = divorce}}
	When a couple separates, a question arises: who’s going to move out? Learn your rights when deciding who goes and who stays — and how to enforce the decision.		When a couple separates, a question arises: who’s going to move out? Learn your rights when deciding who goes and who stays — and how to enforce the decision.

Elena Renderos at 04:32, 17 September 2020

2020-09-17T04:32:59Z

Show changes

Elena Renderos: Elena Renderos moved page Deciding Who Will Move Out When You Separate (No. 116) to Deciding Who Will Move Out When You Separate: Removing recording numbers from page names

2020-09-12T01:12:38Z

Elena Renderos moved page Deciding Who Will Move Out When You Separate (No. 116) to Deciding Who Will Move Out When You Separate: Removing recording numbers from page names

← Older revision	Revision as of 01:12, 12 September 2020
(No difference)