Difference between revisions of "Dividing Property and Debt in Family Law Matters"
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<blockquote>Now you have to figure out whether there's ''another court'' somewhere outside of British Columbia that has the authority to make an order affecting you, your spouse and your property. Most of the time the answer to this question will be no, however if:</blockquote> | <blockquote>Now you have to figure out whether there's ''another court'' somewhere outside of British Columbia that has the authority to make an order affecting you, your spouse and your property. Most of the time the answer to this question will be no, however if:</blockquote> | ||
#you and your spouse lived somewhere else for a long time; | |||
#you have property outside of the province; or, | |||
#you have a cohabitation agreement or a marriage agreement that requires the laws and courts of another place to be used, | |||
<blockquote>there may be a problem. If another court can make an order, you then have to figure out whether the courts of British Columbia should be hearing your case or not under s. 106.</blockquote> | <blockquote>there may be a problem. If another court can make an order, you then have to figure out whether the courts of British Columbia should be hearing your case or not under s. 106.</blockquote> | ||
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<blockquote>Property and debt that you got ''after you separated'' is generally the separate property of each spouse, with two main exceptions:</blockquote> | <blockquote>Property and debt that you got ''after you separated'' is generally the separate property of each spouse, with two main exceptions:</blockquote> | ||
#property bought after separation with family property is also family property; and, | |||
#debt incurred after separation to maintain family property is family debt. | |||
<blockquote>Property you got ''during your relationship'' is generally family property, except for certain kinds of property that are excluded from family property. These include:</blockquote> | <blockquote>Property you got ''during your relationship'' is generally family property, except for certain kinds of property that are excluded from family property. These include:</blockquote> | ||
#inheritances; | |||
#gifts; | |||
#certain court awards; and, | |||
#certain insurance payments. | |||
<blockquote>Property and debt that you got ''before your relationship'' is generally excluded property and personal debt.</blockquote> | <blockquote>Property and debt that you got ''before your relationship'' is generally excluded property and personal debt.</blockquote> | ||