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

From Clicklaw Wikibooks
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In other words, to separate one spouse must announce the end of the relationship and then take steps which would demonstrate an intention to end the relationship. Separation is discussed in more detail in the _________ page.
In other words, to separate one spouse must announce the end of the relationship and then take steps which would demonstrate an intention to end the relationship. Separation is discussed in more detail in the _________ page.


===Property and Debt Brought Into the Relationship===
===Property Brought into the Relationship===


Under s. 85(1)(a), property that was brought into a relationship is excluded from the pool of family property that is supposed to be divided equally between spouses. Under s. 96, the court "must not" order a division of excluded property, except in limited circumstances. A spouse is therefore entitled to keep the excluded property he or she owns. Under s. 85(2), however, it is up to the person who's saying that property is excluded property to prove that the property is excluded property.
Under s. 85(1)(a), property that was brought into a relationship is excluded from the pool of family property that is supposed to be divided equally between spouses. Under s. 96, the court "must not" order a division of excluded property, except in limited circumstances. A spouse is therefore entitled to keep the excluded property he or she owns. Under s. 85(2), however, it is up to the person who's saying that property is excluded property to prove that the property is excluded property.