Difference between revisions of "Introduction to Family Law in British Columbia"
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===Dividing family property and family debt=== | ===Dividing family property and family debt=== | ||
Married spouses and unmarried spouses who have lived together for at least two years are each entitled to half of the ''family property'' when their relationships end. Family property includes: | Married spouses and unmarried spouses who have lived together for at least two years are usually each entitled to half of the ''family property'' when their relationships end. Family property includes: | ||
*the property the spouses got during their relationship, including real estate as well as personal property, | *the property the spouses got during their relationship, including real estate as well as personal property, | ||
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*the interest of a spouse in a company, business or partnership, | *the interest of a spouse in a company, business or partnership, | ||
*debts owed to a spouse, and | *debts owed to a spouse, and | ||
*the increase in value of | *the increase in value of excluded property during the relationship. | ||
Each spouse is entitled to keep all of their excluded property. Excluded property includes: | Each spouse is usually entitled to keep all of their ''excluded property''. Excluded property includes: | ||
*the property owned by | *the property owned by a spouse on the date the spouses began to live together or the date they married, whichever is earlier, | ||
*gifts or inheritances received during the relationship, | *gifts or inheritances received by a spouse during the relationship, | ||
*certain kinds of court awards and insurance payments made during the relationship, and | *certain kinds of court awards and insurance payments made to a spouse during the relationship, and | ||
*property bought during the relationship with excluded property. | *property bought during the relationship with excluded property. | ||
Each spouse is also responsible for half of the ''family debt''. Family debt includes: | Each spouse is also usually responsible for half of the ''family debt''. Family debt includes: | ||
*all debts incurred by either spouse during the relationship, and | *all debts incurred by either spouse during the relationship, and | ||
*debt incurred after separation, if the debt was incurred to maintain family property. | *debt incurred after separation, if the debt was incurred to maintain family property. | ||
The spouses' right to a share in the family property and | The spouses' right to a share in the family property and their duty to share in the family debt happens when the spouses separate. Separation doesn't always happen when someone moves out. Spouses can be separated while living together, as long as one of them has said the relationship is over and then the couple has behaved as if it was over, for example by stopping sleeping together or eating together, and stopping doing chores for each other. | ||
'''Further reading:''' | '''Further reading:''' | ||