Protecting Property and Debt in Family Law Matters: Difference between revisions
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Protecting Property and Debt in Family Law Matters (view source)
Revision as of 19:31, 24 April 2013
, 24 April 2013→Protecting property outside British Columbia
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*The Supreme Court of British Columbia can make an order requiring a person to do or not do something when that person accepts the authority of the court, even where that person lives outside the province. | *The Supreme Court of British Columbia can make an order requiring a person to do or not do something when that person accepts the authority of the court, even where that person lives outside the province. | ||
*A person is considered to have accepted the authority of the court by responding to a court proceeding. Once an out-of-province respondent files a Response to Family Claim in reply to the claimant's Notice of Family Claim, he or she has accepted the jurisdiction of the court to deal with the litigation. This is called ''attorning'' to the jurisdiction. | *A person is considered to have accepted the authority of the court by responding to a court proceeding. Once an out-of-province respondent files a Response to Family Claim in reply to the claimant's Notice of Family Claim, he or she has accepted the jurisdiction of the court to deal with the litigation. This is called ''attorning'' to the jurisdiction. | ||
*When someone attorns to the jurisdiction of the courts of British Columbia, they submit to the court's authority. The court still may not have the authority to make orders about things located outside the province, but it does have the authority to make orders about the person located outside the province. This is called "''in personam'' jurisdiction" | *When someone attorns to the jurisdiction of the courts of British Columbia, they submit to the court's authority. The court still may not have the authority to make orders about things located outside the province, but it does have the authority to make orders about the person located outside the province. This is called "''in personam'' jurisdiction." | ||
*A court with ''in personam'' jurisdiction over a person can make orders requiring the person to do or not do things involving certain kinds of things located outside the province, such as assets like bank accounts, stocks, investment accounts, and similar assets that aren't real estate. These assets are called ''movable assets''. | *A court with ''in personam'' jurisdiction over a person can make orders requiring the person to do or not do things involving certain kinds of things located outside the province, such as assets like bank accounts, stocks, investment accounts, and similar assets that aren't real estate. These assets are called ''movable assets''. | ||
*Whether a court has in personam jurisdiction or not, it usually won't have jurisdiction over real property located outside the province. This kind of jurisdiction is called "''in rem'' jurisdiction" | *Whether a court has in personam jurisdiction or not, it usually won't have jurisdiction over real property located outside the province. This kind of jurisdiction is called "''in rem'' jurisdiction." Real property and things attached to real property like buildings are called ''immovable assets''. | ||
The upshot of all of this is the following general rules: | The upshot of all of this is the following general rules: | ||
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*the Provincial Court cannot deal with out-of-province issues at all. | *the Provincial Court cannot deal with out-of-province issues at all. | ||
However, the ''Family Law Act'' contains some provisions that are meant to give the court ''in rem'' jurisdiction out of province under certain circumstances and, if those circumstances are met, allow the court to make an order restraining a person from disposing of property located outside the province. Although it remains to be seen how effective this legislation will be in imposing on the authority of another jurisdiction, the act's out of province restraining orders are discussed below. | However, the ''Family Law Act'' contains some provisions that are meant to give the court ''in rem'' jurisdiction out of province under certain circumstances and, if those circumstances are met, allow the court to make an order restraining a person from disposing of property located outside the province. Although it remains to be seen how effective this legislation will be in imposing on the authority of another jurisdiction, the act's out-of-province restraining orders are discussed below. | ||
This area of the law is extremely complex, and you really should consider hiring a lawyer to help you whenever you have an interest in assets located outside the province. | This area of the law is extremely complex, and you really should consider hiring a lawyer to help you whenever you have an interest in assets located outside the province. | ||
