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Difference between revisions of "Protecting Property and Debt in Family Law Matters"
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Protecting Property and Debt in Family Law Matters (view source)
Revision as of 15:47, 27 March 2013
, 15:47, 27 March 2013→Notices and Financing Statements under the Family Law Act
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A ''financing statement'' can be filed in the personal property registry against a manufactured home under s. 100. This will stop the manufactured home from being transferred, and any new debts registered against the manufactured home will come in second to the spouse's interest under the financing statement. | A ''financing statement'' can be filed in the personal property registry against a manufactured home under s. 100. This will stop the manufactured home from being transferred, and any new debts registered against the manufactured home will come in second to the spouse's interest under the financing statement. | ||
===Make Sure the Rent Gets Paid and the Lights Stay On=== | |||
Section 226 of the ''Family Law Act'' allows the Provincial Court and the Supreme Court to make a conduct order that can require a party to keep paying the household bills and prevent a party from terminating services to the family home: | |||
<blockquote><tt>A court may make an order to do one or more of the following:</tt></blockquote> | |||
<blockquote><blockquote><tt>(a) require a party to make payments respecting rent, mortgage, specified utilities, taxes, insurance and other expenses related to a residence;</tt></blockquote></blockquote> | |||
<blockquote><blockquote><tt>(b) prohibit a party from terminating specified utilities for a residence;</tt></blockquote></blockquote> | |||
Most of the time, people don't stop paying the mortgage or cut off the electricity to the former family home when they move our, however can be very tempting to do this like this when emotions are running high, when there's not enough money to pay rent at the new place plus rent for the old place, or when the BC Hydro account at the former family home is in the name of the person who needs to arrange for the electricity to be hooked up at his or her new place. The court is not likely to make orders under s. 226 when there's not enough money to pay for everything, but it will step in where someone is acting out of spite or malice. | |||
==Financial Restraining Orders== | ==Financial Restraining Orders== | ||
