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Difference between revisions of "Assets of Couples (3:IX)"

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== B. Legislation ==
== B. Legislation ==


#Divorce Act [DA]
# Divorce Act [DA]


The DA does not deal with property division.
The DA does not deal with property division.


#Family Law Act [FLA]
# Family Law Act [FLA]


Section 81 of the FLA outlines that each spouse is entitled to an undivided, one-half interest of family property and is equally responsible for debt upon separation (Stonehouse v Stonehouse, 2014 BCSC 1057; Joffres v Joffres, 2014 BCSC 1778). However, the FLA substantially changes what is considered to be family property, essentially allowing spouses to keep property they bring into a relationship and share only in the increase in value of that property and the net value of new property obtained after cohabitation or marriage.
Section 81 of the FLA outlines that each spouse is entitled to an undivided, one-half interest of family property and is equally responsible for debt upon separation (Stonehouse v Stonehouse, 2014 BCSC 1057; Joffres v Joffres, 2014 BCSC 1778). However, the FLA substantially changes what is considered to be family property, essentially allowing spouses to keep property they bring into a relationship and share only in the increase in value of that property and the net value of new property obtained after cohabitation or marriage.
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** (ii) A beneficial interest acquired by at least one spouse in property if the beneficial interest is derived from property referred to in paragraph (a) (i) or from a beneficial interest referred to in paragraph (a) (ii), or from the disposition of either.
** (ii) A beneficial interest acquired by at least one spouse in property if the beneficial interest is derived from property referred to in paragraph (a) (i) or from a beneficial interest referred to in paragraph (a) (ii), or from the disposition of either.


#Supreme Court Family Rules [SCFR]
# Supreme Court Family Rules [SCFR]


The Supreme Court Family Rules contain a number of procedural provisions for dealing with property.  
The Supreme Court Family Rules contain a number of procedural provisions for dealing with property.  
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