Dividing Property and Debts - Revision history

Elena Renderos: /* With more information */

2021-05-13T03:59:44Z

With more information

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	===With more information===		===With more information===
	The '''Family Law website''' from Legal Aid BC has information about dealing with property and debt when spouses separate.		The '''Family Law in BC website''' from Legal Aid BC has information about dealing with property and debt when spouses separate.

	* [https://familylaw.lss.bc.ca/finances-support/property-debt Visit website]		* [https://familylaw.lss.bc.ca/finances-support/property-debt Visit website]

Elena Renderos: /* Are RRSPs and pensions family property? */

2021-05-13T03:58:27Z

Are RRSPs and pensions family property?

← Older revision		Revision as of 03:58, 13 May 2021
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	{\| class="wikitable"		{\| class="wikitable"
	\|align="left"\|'''Tip'''		\|align="left"\|'''Tip'''
	Dividing pensions is complicated. You should get help from a lawyer with this. In the meantime, the Family Law website from Legal Aid BC has [https://family.legalaid.bc.ca/finances-support/property-debt/dividing-pensions-and-other-benefits-after-you-separate information about dividing pensions and other benefits].		Dividing pensions is complicated. You should get help from a lawyer with this. In the meantime, the Family Law in BC website from Legal Aid BC has [https://family.legalaid.bc.ca/finances-support/property-debt/dividing-pensions-and-other-benefits-after-you-separate information about dividing pensions and other benefits].
	\|}		\|}

Elena Renderos: /* Dividing excluded property */

2021-05-13T03:57:59Z

Dividing excluded property

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	Spouses can decide to share their excluded property when they separate. They can make an agreement that it will be treated like family property. They can agree that it will be divided between them. This agreement can be made during, or at the beginning or end, of their relationship.		Spouses can decide to share their excluded property when they separate. They can make an agreement that it will be treated like family property. They can agree that it will be divided between them. This agreement can be made during, or at the beginning or end, of their relationship.

	If one spouse wants to divide excluded property and the other doesn’t, a court can decide to do so. That is, the law says that a spouse can keep their excluded property. But a court can divide excluded property to make sure each spouse gets what’s fair. Excluded property can be divided if:		If one spouse wants to divide excluded property and the other doesn’t, a court can decide to do so. That is, the law says that a spouse can keep their excluded property. But a court ''can'' divide excluded property to make sure each spouse gets what’s fair. Excluded property can be divided if:

	* family property or family debt '''outside''' British Columbia can’t be divided, or		* family property or family debt '''outside''' British Columbia can’t be divided, or

Elena Renderos at 03:57, 13 May 2021

2021-05-13T03:57:28Z

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	{{REVIEWEDPLS \| reviewer = Samantha Rapoport, Brown Henderson Melbye\|date= March 2020}} {{Dial-A-Law TOC\|expanded = divorce}}		{{REVIEWEDPLS \| reviewer = [http://bhmlawyers.ca/team-2/samantha-rapoport/ Samantha Rapoport], Brown Henderson Melbye\|date= March 2020}} {{Dial-A-Law TOC\|expanded = divorce}}
	When a relationship ends, spouses often have to deal with their property and debt. They have to figure out who gets what and who pays for which debts. Learn what the law says about property and debt division when spouses separate.		When a relationship ends, spouses often have to deal with their property and debt. They have to figure out who gets what and who pays for which debts. Learn what the law says about property and debt division when spouses separate.

Elena Renderos at 02:24, 30 April 2021

2021-04-30T02:24:38Z

← Older revision		Revision as of 02:24, 30 April 2021
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	{{REVIEWEDPLS \| reviewer = ~~[http://jimalelawcorp.com/about-zahra/ Zahra H. Jimale]~~, ~~Jimale Law Corporation~~\|date= ~~May 2017~~}} {{Dial-A-Law TOC\|expanded = divorce}}		{{REVIEWEDPLS \| reviewer = Samantha Rapoport, Brown Henderson Melbye\|date= March 2020}} {{Dial-A-Law TOC\|expanded = divorce}}
	When a relationship ends, spouses often have to deal with their property and debt. They have to figure out who gets what and who pays for which debts. Learn what the law says about property and debt division when spouses separate.		When a relationship ends, spouses often have to deal with their property and debt. They have to figure out who gets what and who pays for which debts. Learn what the law says about property and debt division when spouses separate.

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	===There are property and debt division rules===		===There are property and debt division rules===
	In BC, [https://www.canlii.org/en/bc/laws/stat/sbc-2011-c-25/latest/sbc-2011-c-25.html#~~Part_5_Property_Division_145730 the~~ ''Family Law Act'' sets out rules] for dealing with property and debt when a couple separates. These rules apply to people who meet this definition of '''spouse''':		In BC, the [https://www.canlii.org/en/bc/laws/stat/sbc-2011-c-25/latest/sbc-2011-c-25.html#part5 ''Family Law Act''] sets out rules for dealing with property and debt when a couple separates. These rules apply to people who meet this definition of '''spouse''':

	* they are married, or		* they are married, or
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	Spouses can decide to share their excluded property when they separate. They can make an agreement that it will be treated like family property. They can agree that it will be divided between them. This agreement can be made during, or at the beginning or end, of their relationship.		Spouses can decide to share their excluded property when they separate. They can make an agreement that it will be treated like family property. They can agree that it will be divided between them. This agreement can be made during, or at the beginning or end, of their relationship.

	If one spouse wants to divide excluded property and the other doesn’t, a court can decide to do so. That is, the law says that a spouse can keep their excluded property. But a court ''can'' divide excluded property to make sure each spouse gets what’s fair. Excluded property can be divided if:		If one spouse wants to divide excluded property and the other doesn’t, a court can decide to do so. That is, the law says that a spouse can keep their excluded property. But a court can divide excluded property to make sure each spouse gets what’s fair. Excluded property can be divided if:

	* family property or family debt '''outside''' British Columbia can’t be divided, or		* family property or family debt '''outside''' British Columbia can’t be divided, or
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	===Are RRSPs and pensions family property?===		===Are RRSPs and pensions family property?===
	Yes. Any ~~Registered Retirement Savings Plans~~ (RRSPs) or benefits in a pension plan that each spouse built up during the relationship is family property. The law has special rules for dividing most kinds of pension plans. There are separate rules for dividing Canada Pension Plan credits and other pensions not found in the ''Family Law Act''.		Yes. Any registered retirement savings plans (RRSPs) or benefits in a pension plan that each spouse built up during the relationship is family property. The law has special rules for dividing most kinds of pension plans. There are separate rules for dividing Canada Pension Plan credits and other pensions not found in the ''Family Law Act''.

	{\| class="wikitable"		{\| class="wikitable"
	\|align="left"\|'''Tip'''		\|align="left"\|'''Tip'''
	Dividing pensions is complicated. You should get help from a lawyer with this. In the meantime, the Family Law website from Legal Aid BC has [https://~~familylaw~~.~~lss~~.bc.ca/finances-support/property-debt/dividing-pensions-and-other-benefits-after-you-separate information about dividing pensions and other benefits].		Dividing pensions is complicated. You should get help from a lawyer with this. In the meantime, the Family Law website from Legal Aid BC has [https://family.legalaid.bc.ca/finances-support/property-debt/dividing-pensions-and-other-benefits-after-you-separate information about dividing pensions and other benefits].
	\|}		\|}

Elena Renderos: /* Dividing excluded property */

2020-09-28T04:36:12Z

Dividing excluded property

← Older revision		Revision as of 04:36, 28 September 2020
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	If one spouse wants to divide excluded property and the other doesn’t, a court can decide to do so. That is, the law says that a spouse can keep their excluded property. But a court ''can'' divide excluded property to make sure each spouse gets what’s fair. Excluded property can be divided if:		If one spouse wants to divide excluded property and the other doesn’t, a court can decide to do so. That is, the law says that a spouse can keep their excluded property. But a court ''can'' divide excluded property to make sure each spouse gets what’s fair. Excluded property can be divided if:

	* family property or family debt outside British Columbia can’t be divided, or		* family property or family debt '''outside''' British Columbia can’t be divided, or
	* it would be significantly unfair not to divide excluded property, considering:		* it would be '''significantly unfair''' not to divide excluded property, considering:
	** how long the spouses’ relationship is, and		** how long the spouses’ relationship is, and
	** how much the non-owning spouse directly contributed to it.		** how much the non-owning spouse directly contributed to it.

Elena Renderos at 04:35, 28 September 2020

2020-09-28T04:35:10Z

← Older revision		Revision as of 04:35, 28 September 2020
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	{{PLSStorybox		{{PLSStorybox
	\| image = [[File:bruno.png\|link=]]		\| image = [[File:bruno.png\|link=]]
	\| text = “When my spouse and I started living together, I owned a condo. During our four-year relationship, we bought some things together and racked up some credit card debt. We just separated a month ago. I learned that we each get to keep what we brought into the relationship. We’ll share paying off the debt and dividing up the stuff we got together during our relationship. Now, we’re making a separation agreement — so far, so good.”		\| text = “When my spouse and I started living together, I owned a condo. During our four-year relationship, we bought some things together and racked up some credit card debt. We just separated a month ago. I learned that we each get to keep what we brought into the relationship. We’ll share paying off the debt and dividing up the stuff we got together during our relationship. Now, we’re making a separation agreement — so far, so good.”<br>– Bruno, Nelson, BC
	– Bruno, Nelson, BC
	}}		}}
	==What you should know==		==What you should know==

Elena Renderos at 04:34, 28 September 2020

2020-09-28T04:34:25Z

Show changes

Elena Renderos: Elena Renderos moved page Dividing Property and Debts (No. 124) to Dividing Property and Debts: Removing recording numbers from page names

2020-09-12T01:18:05Z

Elena Renderos moved page Dividing Property and Debts (No. 124) to Dividing Property and Debts: Removing recording numbers from page names

← Older revision	Revision as of 01:18, 12 September 2020
(No difference)

Drew Jackson at 22:28, 29 March 2019

2019-03-29T22:28:01Z

← Older revision		Revision as of 22:28, 29 March 2019
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	{{REVIEWEDPLS \| reviewer = [http://jimalelawcorp.com/about-zahra/ Zahra H. Jimale], Jimale Law Corporation\|date= May 2017}} {{Dial-A-Law TOC\|expanded = divorce}}		{{REVIEWEDPLS \| reviewer = [http://jimalelawcorp.com/about-zahra/ Zahra H. Jimale], Jimale Law Corporation\|date= May 2017}} {{Dial-A-Law TOC\|expanded = divorce}}
	When a relationship ends, spouses are presumed to keep property they brought into the relationship and to share in property they acquired during their relationship. The same goes for debt.		When a relationship ends, spouses are presumed to keep '''property''' they brought into the relationship and to share in property they acquired during their relationship. The same goes for '''debt'''.

	==Understand your legal rights==		==Understand your legal rights==
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	:Web: [http://wiki.clicklaw.bc.ca/index.php/Property_%26_Debt_in_Family_Law_Matters wiki.clicklaw.bc.ca]		:Web: [http://wiki.clicklaw.bc.ca/index.php/Property_%26_Debt_in_Family_Law_Matters wiki.clicklaw.bc.ca]



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