Difference between revisions of "Dividing Property and Debt in Family Law Matters"
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Nate Russell (talk | contribs) m (Nate Russell moved page Dividing Property & Debt in Family Law Matters to Dividing Property and Debt in Family Law Matters) |
Nate Russell (talk | contribs) (From staging June 2022) |
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: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 | :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''' | ||
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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 | 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==== | ||
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*[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 | *[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 = [[ | {{REVIEWED | reviewer = [[JP Boyd]], April 22, 2022}} | ||
{{JP Boyd on Family Law Navbox|type=chapters}} | {{JP Boyd on Family Law Navbox|type=chapters}} | ||