Dividing Property and Debt in Family Law Matters - Revision history

Nate Russell at 22:50, 27 August 2024

2024-08-27T22:50:34Z

← Older revision		Revision as of 22:50, 27 August 2024
Line 4:		Line 4:
	}}{{LSSbadge		}}{{LSSbadge
	\| resourcetype = a fact sheet on		\| resourcetype = a fact sheet on
	\| link = [~~http~~://~~www~~.~~clicklaw~~.bc.ca/~~resource~~/~~1639 How to divide~~ property ~~and debts~~]		\| link = [https://family.legalaid.bc.ca/finances-support/property-debt Property & debt]
	}}If a couple is able to agree on how their property and debts will be divided, they can make a separation agreement summarizing the terms of their settlement. However, if they can't agree, one or either of them will likely start court proceedings and the court will make an order dividing their property and debt for them.		}}If a couple is able to agree on how their property and debts will be divided, they can make a separation agreement summarizing the terms of their settlement. However, if they can't agree, one or either of them will likely start court proceedings and the court will make an order dividing their property and debt for them.

Line 267:		Line 267:
	This is a powerful interim order and you should probably think about asking for this order if you are asking for a share of property. This is just a matter of being prudent. You may have no cause to believe that your spouse would do something that would jeopardize your interests, but it almost always pays to be cautious.		This is a powerful interim order and you should probably think about asking for this order if you are asking for a share of property. This is just a matter of being prudent. You may have no cause to believe that your spouse would do something that would jeopardize your interests, but it almost always pays to be cautious.

	Rule 12-4 of the Supreme Court Family Rules gives the court the authority to make a general restraining order, called an ''injunction'', to require someone to do something or not do something. The same authority is given to the court by section 39 of the provincial ''[~~http~~://canlii.ca/t/8459 Law and Equity Act]''. See this chapter's section on [[Protecting Property and Debt in Family Law Matters\|Protecting Propery and Debt]] for more information.		Rule 12-4 of the Supreme Court Family Rules gives the court the authority to make a general restraining order, called an ''injunction'', to require someone to do something or not do something. The same authority is given to the court by section 39 of the provincial ''[https://canlii.ca/t/8459 Law and Equity Act]''. See this chapter's section on [[Protecting Property and Debt in Family Law Matters\|Protecting Propery and Debt]] for more information.

	====Dividing property and debt equally====		====Dividing property and debt equally====
Line 484:		Line 484:

	* ''[[Family Law Act]]''		* ''[[Family Law Act]]''
	* ''[~~http~~://canlii.ca/t/8459 Law and Equity Act]''		* ''[https://canlii.ca/t/8459 Law and Equity Act]''
	* ''[[Family Relations Act]]''		* ''[[Family Relations Act]]''

	===Links===		===Links===

	*[~~http~~://~~www~~.~~clicklaw.bc~~.ca/~~resource~~/~~1240~~ Dial-A-Law ~~Script "Dividing Property and Debts"]~~		*[https://dialalaw.peopleslawschool.ca/dividing-property-and-debts/ Dividing property and debts] from Dial-A-Law by the People's Law School
	*[~~http~~://~~www.clicklaw~~.bc.ca/~~resource/1529~~ Justice Education Society~~'s handbook ''~~Parenting After Separation: Finances'']		*[https://pas-finances.familieschange.ca/ Parenting After Separation: Finances] online course from the Justice Education Society of BC
	*[~~http~~://~~www~~.~~clicklaw~~.bc.ca/~~resource~~/~~4656~~ Legal Aid ~~BC's~~ Family Law website~~'s information page "Property & debt"]~~		* [https://perma.cc/PAF8-EULG Parenting After Separation Handbook: Finances] from the Justice Education Society of BC
	** See "Dividing property and debts"		*[https://family.legalaid.bc.ca/finances-support/property-debt Property & debt] from Legal Aid BC’s Family Law website
			*[https://family.legalaid.bc.ca/finances-support/property-debt/dividing-property-and-debts-after-you-separate Dividing property and debts after you separate] from Legal Aid BC’s Family Law website

Nate Russell at 22:28, 15 January 2024

2024-01-15T22:28:07Z

← Older revision		Revision as of 22:28, 15 January 2024
Line 5:		Line 5:
	\| resourcetype = a fact sheet on		\| resourcetype = a fact sheet on
	\| link = [http://www.clicklaw.bc.ca/resource/1639 How to divide property and debts]		\| link = [http://www.clicklaw.bc.ca/resource/1639 How to divide property and debts]
	}}If a couple ~~are~~ able to agree on how their property and debts will be divided, they can make a separation agreement summarizing the terms of their settlement. However, if they can't agree, one or either of them will likely start court proceedings and the court will make an order dividing their property and debt for them.		}}If a couple is able to agree on how their property and debts will be divided, they can make a separation agreement summarizing the terms of their settlement. However, if they can't agree, one or either of them will likely start court proceedings and the court will make an order dividing their property and debt for them.

	This section talks about how property and debt are divided between spouses by the court through court orders made under the ''[[Family Law Act]]'', and by spouses through separation agreements. It also discusses when excluded property can be shared between spouses, when family property can be divided unequally, and when the court can make orders about property located outside British Columbia.		This section talks about how property and debt are divided between spouses by the court through court orders made under the ''[[Family Law Act]]'', and by spouses through separation agreements. It also discusses when excluded property can be shared between spouses, when family property can be divided unequally, and when the court can make orders about property located outside British Columbia.

Nate Russell at 22:27, 15 January 2024

2024-01-15T22:27:34Z

Show changes

Nate Russell: From staging June 2022

2022-06-27T19:40:17Z

From staging June 2022

Nate Russell: Nate Russell moved page Dividing Property & Debt in Family Law Matters to Dividing Property and Debt in Family Law Matters

2022-06-27T19:30:53Z

Nate Russell moved page Dividing Property & Debt in Family Law Matters to Dividing Property and Debt in Family Law Matters

← Older revision	Revision as of 19:30, 27 June 2022
(No difference)

Nate Russell at 22:59, 31 July 2019

2019-07-31T22:59:23Z

← Older revision		Revision as of 22:59, 31 July 2019
Line 412:		Line 412:
	<blockquote><tt>(a) the length of time that has passed since the agreement was made;</tt></blockquote>		<blockquote><tt>(a) the length of time that has passed since the agreement was made;</tt></blockquote>
	<blockquote><tt>(b) the intention of the spouses, in making the agreement, to achieve certainty;</tt></blockquote>		<blockquote><tt>(b) the intention of the spouses, in making the agreement, to achieve certainty;</tt></blockquote>
	<blockquote><tt>(c) the degree to which the spouses relied on the terms of the agreement;</tt></blockquote>		<blockquote><tt>(c) the degree to which the spouses relied on the terms of the agreement</tt></blockquote>

	If the court sets aside an agreement under section 93(3) or (5), the court will then make an order dividing property and debt between the spouses in place of the agreement.		If the court sets aside an agreement under section 93(3) or (5), the court will then make an order dividing property and debt between the spouses in place of the agreement.
Line 426:		Line 426:
	===Links===		===Links===

	* [http://www.clicklaw.bc.ca/resource/1240 ~~Canadian Bar Association BC Branch:~~ Dividing ~~property~~ and ~~debts~~]		*[http://www.clicklaw.bc.ca/resource/1240 Dial-A-Law Script "Dividing Property and Debts"]
	* [http://www.clicklaw.bc.ca/resource/1529 Justice Education Society: ~~Workbook for parents separated with children on dealing with finances~~]		*[http://www.clicklaw.bc.ca/resource/1529 Justice Education Society's handbook ''Parenting After Separation: Finances'']
	* [http://www.clicklaw.bc.ca/resource/~~1639~~ Legal Services Society’s Family Law website~~: How to divide~~ property and debts]		*[http://www.clicklaw.bc.ca/resource/4656 Legal Services Society’s Family Law website's information page "Property & debt"]
			** See "Dividing property and debts"

Nate Russell: /* Asking the court to set aside an agreement */

2019-07-19T00:28:11Z

Asking the court to set aside an agreement

← Older revision		Revision as of 00:28, 19 July 2019
Line 380:		Line 380:
	===Asking the court to set aside an agreement===		===Asking the court to set aside an agreement===

	Section 94(2) says that the court cannot make an order dividing property or debt in the face of a written and witnessed agreement on property and debt until it has set aside those parts of the agreement. As a result, if a spouse is unhappy with the terms of a separation agreement on property or debt, the spouse must first ask the court to set aside ~~the agreement~~ and second, ask for an order about the division of property and debt.		Section 94(2) says that the court cannot make an order dividing property or debt in the face of a written and witnessed agreement on property and debt until it has set aside those parts of the agreement. As a result, if a spouse is unhappy with the terms of a separation agreement on property or debt, the spouse must first ask the court to set aside those parts and second, ask for an order about the division of property and debt.

	====Family law agreements and contract law====		====Family law agreements and contract law====

Nate Russell: /* The effect of a valid agreement */

2019-07-19T00:20:58Z

The effect of a valid agreement

← Older revision		Revision as of 00:20, 19 July 2019
Line 366:		Line 366:
	===The effect of a valid agreement===		===The effect of a valid agreement===

	When spouses have written, signed, and witnessed an agreement about the division of property and debt, section 94(2) of the ''[[Family Law Act]]'' says that the court cannot make an order about the division of family property, excluded property, or family debt, unless the parts of the agreement that deal with property and debt are set aside by a court order. This gives agreements on the division of property and debt a lot more protection against later court challenges than was provided to agreements under the old ''[[Family Relations Act]]''.		When spouses have written, signed, and had witnessed their agreement about the division of property and debt, section 94(2) of the ''[[Family Law Act]]'' says that the court cannot make an order about the division of family property, excluded property, or family debt, unless the parts of the agreement that deal with property and debt are set aside by a court order. This gives agreements on the division of property and debt a lot more protection against later court challenges than was provided to agreements under the old ''[[Family Relations Act]]''.

	===Making a valid agreement===		===Making a valid agreement===

Nate Russell: /* Financial restraining orders */

2019-07-19T00:14:39Z

Financial restraining orders

← Older revision		Revision as of 00:14, 19 July 2019
Line 241:		Line 241:
	<blockquote><tt>(1) On application by a spouse, the Supreme Court must make an order restraining the other spouse from disposing of any property at issue under this Part or Part 6 [Pension Division] until or unless the other spouse establishes that a claim made under this Part or Part 6 will not be defeated or adversely affected by the disposal of the property.</tt></blockquote>		<blockquote><tt>(1) On application by a spouse, the Supreme Court must make an order restraining the other spouse from disposing of any property at issue under this Part or Part 6 [Pension Division] until or unless the other spouse establishes that a claim made under this Part or Part 6 will not be defeated or adversely affected by the disposal of the property.</tt></blockquote>
	<blockquote><tt>(2) The Supreme Court may make one or more of the following orders:</tt></blockquote>		<blockquote><tt>(2) The Supreme Court may make one or more of the following orders:</tt></blockquote>
			<blockquote><blockquote><tt>[...]</tt></blockquote></blockquote>
	<blockquote><blockquote><tt>(b) for the purpose of protecting the applicant's interest in property from being defeated or adversely affected,</tt></blockquote></blockquote>		<blockquote><blockquote><tt>(b) for the purpose of protecting the applicant's interest in property from being defeated or adversely affected,</tt></blockquote></blockquote>
	<blockquote><blockquote><blockquote><tt>(i) prohibiting the other spouse from disposing of, transferring, converting, or exchanging into another form, property in which the applicant may have an interest, or</tt></blockquote></blockquote></blockquote>		<blockquote><blockquote><blockquote><tt>(i) prohibiting the other spouse from disposing of, transferring, converting, or exchanging into another form, property in which the applicant may have an interest, or</tt></blockquote></blockquote></blockquote>

Nate Russell: /* Determining the law to apply when the court may make orders */

2019-07-19T00:01:44Z

Determining the law to apply when the court may make orders

← Older revision		Revision as of 00:01, 19 July 2019
Line 175:		Line 175:
	====Determining the law to apply when the court may make orders====		====Determining the law to apply when the court may make orders====

	''You should skip this ~~discussion~~ if no court other than the ~~court~~ of British Columbia can make orders about you, your spouse, and your property.''		(You should skip this part if no court other than the Supreme Court of British Columbia can make orders about you, your spouse, and your property.)

	Assuming, then, that the court here has decided that it has the authority to make orders for the division of property and debt because one of the section 106(2) factors is met, and that it hasn't decided to refuse to make orders anyway under section 106(4), the next thing to figure out is the law that the court should use in deciding how the property and debt should be divided under sections 107 and 108. That law could be the law of British Columbia, namely Part 5 of the ''[[Family Law Act]]'', or it could be the law of another place.		Assuming, then, that the court here has decided that it has the authority to make orders for the division of property and debt because one of the section 106(2) factors is met, and that it hasn't decided to refuse to make orders anyway under section 106(4), the next thing to figure out is the law that the court should use in deciding how the property and debt should be divided under sections 107 and 108. That law could be the law of British Columbia, namely Part 5 of the ''[[Family Law Act]]'', or it could be the law of another place.

← Older revision		Revision as of 19:40, 27 June 2022
Line 36:		Line 36:
	:To divide property and debt under the ''Family Law Act'', you first have to figure out whether you're a "spouse" as defined by section 3(1)(a) or 3(1)(b)(i). You must either be married or have lived with your partner in a marriage-like relationship for at least two years.		:To divide property and debt under the ''Family Law Act'', you first have to figure out whether you're a "spouse" as defined by section 3(1)(a) or 3(1)(b)(i). You must either be married or have lived with your partner in a marriage-like relationship for at least two years.

	:If you're not a spouse, ''stop'' and read the discussion in the introductory section of this chapter, [[Property & Debt in Family Law Matters#Property claims and people who aren't spouses\|Property & Debt]], about the property rights of people who aren't spouses. People who don't qualify as spouses are entitled to share in property that they both own, and may have an interest in property only one of them owns under the common law relating to trusts and equity.		:If you're not a spouse, ''stop'' and read the discussion in the introductory section of this chapter, [[Property and Debt in Family Law Matters#Property claims and people who aren't spouses\|Property and Debt]], about the property rights of people who aren't spouses. People who don't qualify as spouses are entitled to share in property that they both own, and may have an interest in property only one of them owns under the common law relating to trusts and equity.

	'''Step Two'''		'''Step Two'''
Line 254:		Line 254:
	This is a powerful interim order and you should probably think about asking for this order if you are asking for a share of property. This is just a matter of being prudent. You may have no cause to believe that your spouse would do something that would jeopardize your interests, but it almost always pays to be cautious.		This is a powerful interim order and you should probably think about asking for this order if you are asking for a share of property. This is just a matter of being prudent. You may have no cause to believe that your spouse would do something that would jeopardize your interests, but it almost always pays to be cautious.

	Rule 12-4 of the Supreme Court Family Rules gives the court the authority to make a general restraining order, called an ''injunction'', to require someone to do something or not do something. The same authority is given to the court by section 39 of the provincial ''[http://canlii.ca/t/8459 Law and Equity Act]''. See this chapter's section on [[Protecting Property & Debt in Family Law Matters\|Protecting Propery & Debt]] for more information.		Rule 12-4 of the Supreme Court Family Rules gives the court the authority to make a general restraining order, called an ''injunction'', to require someone to do something or not do something. The same authority is given to the court by section 39 of the provincial ''[http://canlii.ca/t/8459 Law and Equity Act]''. See this chapter's section on [[Protecting Property and Debt in Family Law Matters\|Protecting Propery and Debt]] for more information.

	====Dividing property and debt equally====		====Dividing property and debt equally====
Line 428:		Line 428:
	*[http://www.clicklaw.bc.ca/resource/1240 Dial-A-Law Script "Dividing Property and Debts"]		*[http://www.clicklaw.bc.ca/resource/1240 Dial-A-Law Script "Dividing Property and Debts"]
	*[http://www.clicklaw.bc.ca/resource/1529 Justice Education Society's handbook ''Parenting After Separation: Finances'']		*[http://www.clicklaw.bc.ca/resource/1529 Justice Education Society's handbook ''Parenting After Separation: Finances'']
	*[http://www.clicklaw.bc.ca/resource/4656 Legal ~~Services Society’s~~ Family Law website's information page "Property & debt"]		*[http://www.clicklaw.bc.ca/resource/4656 Legal Aid BC's Family Law website's information page "Property & debt"]
	** See "Dividing property and debts"		** See "Dividing property and debts"


	{{REVIEWED \| reviewer = [[~~Helen Chiu~~]], ~~May 14~~, ~~2019~~}}		{{REVIEWED \| reviewer = [[JP Boyd]], April 22, 2022}}

	{{JP Boyd on Family Law Navbox\|type=chapters}}		{{JP Boyd on Family Law Navbox\|type=chapters}}