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Difference between revisions of "Dividing Property and Debt in Family Law Matters"
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Dividing Property and Debt in Family Law Matters (view source)
Revision as of 17:23, 29 March 2013
, 17:23, 29 March 2013→Dividing Excluded Property
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====Dividing Excluded Property==== | ====Dividing Excluded Property==== | ||
Under s. 96 of the ''Family Law Act'', the court may not make an order dividing excluded property between spouses except in two situations, if there's property outside the province that can't be divided under s. 109, discussed below, or if it would be "significantly unfair" not to divide the excluded property: | |||
<blockquote><tt>(a) family property or family debt located outside British Columbia cannot practically be divided, or</tt></blockquote> | |||
<blockquote><tt>(b) it would be significantly unfair not to divide excluded property on consideration of</tt></blockquote> | |||
<blockquote><blockquote><tt>(i) the duration of the relationship between the spouses, and</tt></blockquote></blockquote> | |||
<blockquote><blockquote><tt>(ii) a spouse's direct contribution to the preservation, maintenance, improvement, operation or management of excluded property.</tt></blockquote></blockquote> | |||
===Property and Debt outside British Columbia=== | ===Property and Debt outside British Columbia=== | ||
