Anonymous

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

From Clicklaw Wikibooks

Dividing Property and Debt in Family Law Matters (view source)

Revision as of 15:31, 29 March 2013

1,010 bytes added ,  15:31, 29 March 2013
→‎Property and Debt in British Columbia
Line 191: Line 191:
===Property and Debt in British Columbia===
===Property and Debt in British Columbia===


Section 97 is the central element of Part 5 and gives the court its general powers to effect the division of property and debt. Under s. 97, the court may:
Section 97 is the key to Part 5 of the ''Family Law Act'' and gives the court its general power to make orders about the division of property and debt. Under this section, the court may:


(a) determine any matter respecting the ownership, right of possession, or division of property or debt;
#make decisions about any issue concerning the ownership, possession or division of property or debt;
#make any order necessary to divide property or debt;
#declare who should own or possess property;
#make a spouse to pay compensation if or she has sold or transferred property that should have been shared;
#require the sale of a property and payment to the spouses from the proceeds of the sale;
#make one spouse be responsible for debt;
#require the sale of property to pay debt; and,
#make orders transferring property to a spouse.


(b) make any order that is necessary to give effect to a division of property or debt;
Under s. 97, the court can make whatever orders are needed to equally divided family property and family debt between spouses, whatever extra orders are needed to divide family property and family debt unequally under s. 95 and whatever extra orders are needed to divide excluded property under s. 96.


(c) declare who has ownership of or right of possession to property;
====Interim Orders====
 
(d) require a spouse to pay compensation to the other spouse if property has been disposed of, transferred, converted, or exchanged into another form, or for the purpose of dividing the property;
 
(e) require partition or sale of property and payment out of the proceeds of sale to one spouse or both in specified proportions or amounts;


(f) declare that one spouse is responsible for payment of a family debt and must indemnify the other spouse for the debt;
An ''interim order'' is a temporary order made after a court proceeding has started and before it has wrapped up with a trial or a settlement. Under s. 88, a spouse can apply to court for an interim order about property at any time until a final order or a final agreement has been made about the division of property and debt.


(g) require the sale of property for the purposes of paying a family debt; and,
=====Paying for Dispute Resolution Processes=====


(h) transfer property to a spouse.
Under s. 89, the court can make an order for the interim distribution of some of the family property to pay for:


#the cost of the court proceeding;
#the cost of another dispute resolution process, like mediation, arbitration and collaborative settlement processes; and
#the cost of expert's reports, like needs of the child assessments under s. 211, property assessments or business valuation.


=====Exclusive Occupance of the Family Home=====


====Interim Orders====
Under s. 90, the court can make an order that one spouse have the exclusive right to live in the family home and use the property kept at the family home.


====Dividing Property and Debt Equally====
====Dividing Property and Debt Equally====
Retrieved from "https://wiki.clicklaw.bc.ca/index.php?title=Special:MobileDiff/2846"