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Difference between revisions of "Property and Debt in Family Law Matters"

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====Family Property====
====Family Property====


Under s. 84(1) of the ''Family Law Act'', family property is the property owned by one or both spouses on the date of their separation, including any property bought after separation with  
Under s. 84(1) of the ''Family Law Act'', family property is the property owned by one or both spouses on the date of their separation, including any property bought after separation with family property. Section 84(2) give some examples of specific assets that are family property, including:


<blockquote><tt>(a) a share or an interest in a corporation;</tt></blockquote>
#interests in companies, businesses, partnerships and ventures;
<blockquote><tt>(b) an interest in a partnership, an association, an organization, a business or a venture;</tt></blockquote>
#money owed to a spouse; and,
<blockquote><tt>(c) property owing to a spouse</tt></blockquote>
#bank accounts, savings, pensions and RRSPs.
<blockquote><blockquote><tt>(i) as a refund, including an income tax refund, or</tt></blockquote></blockquote>
<blockquote><blockquote><tt>(ii) in return for the provision of a good or service;</tt></blockquote></blockquote>
<blockquote><tt>(d) money of a spouse in an account with a financial institution;</tt></blockquote>
<blockquote><tt>(e) a spouse's entitlement under an annuity, a pension, a retirement savings plan or an income plan;</tt></blockquote>
<blockquote><tt>(f) property, other than property to which subsection (3) applies, that a spouse disposes of after the relationship between the spouses began, but over which the spouse retains authority, to be exercised alone or with another person, to require its return or to direct its use or further disposition in any way;</tt></blockquote>
<blockquote><tt>(g) the amount by which the value of excluded property has increased since the later of the date</tt></blockquote>
<blockquote><blockquote><tt>(i) the relationship between the spouses began, or</tt></blockquote></blockquote>
<blockquote><blockquote><tt>(ii) the excluded property was acquired.</tt></blockquote></blockquote>


That's a really broad definition.
Family property also includes the amount any excluded grows in value after the date the spouses' relationship began or after the excluded property was acquired, whichever is later.


====Excluded Property====
====Excluded Property====
The sort of excluded property that can be acquired during a relationship is described in s. 85(1), and includes:
#gifts;
#inheritances;
#court awards and settlements;
#insurance payments; and,
#property held in trust, providing that the spouse didn't put the property into the trust.
===Dividing Property: An Example===
Let's look at an example so t


==non-spouses==
==non-spouses==