Difference between revisions of "Deciding Who Will Move Out When You Separate"

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{{Dial-A-Law Blurb}}
{{REVIEWEDPLS | reviewer = [http://bhmlawyers.ca/team-2/samantha-de-wit/ Samantha de Wit], Brown Henderson Melbye and [http://jimalelawcorp.com/about-zahra/ Zahra H. Jimale], Jimale Law Corporation|date= October 2018}} {{Dial-A-Law TOC|expanded = divorce}}
 
{{Dial-A-Law TOC|expanded = family}}
 
When a couple separates, a question arises: who’s going to move out? Learn your rights when it comes to deciding who moves out, and the steps to enforce them.  
When a couple separates, a question arises: who’s going to move out? Learn your rights when it comes to deciding who moves out, and the steps to enforce them.  


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If you are being harassed by your partner but there is not a risk to your physical safety, you have options. You could contact the police to learn if criminal charges or a “peace bond” are appropriate. With a peace bond, your partner agrees to keep the peace and follow certain conditions — for example, not contacting you for a certain time. You could apply to Family Court for a “protection order”, which can put limits on how your partner communicates or contacts you. As well, there are community and healthcare services that can help with counselling and support.  
If you are being harassed by your partner but there is not a risk to your physical safety, you have options. You could contact the police to learn if criminal charges or a “peace bond” are appropriate. With a peace bond, your partner agrees to keep the peace and follow certain conditions — for example, not contacting you for a certain time. You could apply to Family Court for a “protection order”, which can put limits on how your partner communicates or contacts you. As well, there are community and healthcare services that can help with counselling and support.  


For more on these options, see our information on [[Family Violence (Script 155)|family violence (no. 155)]].
For more on these options, see our information on [[Family Violence (No. 155)|family violence (no. 155)]].


===Step 2. If you are moving out, decide what to take with you===
===Step 2. If you are moving out, decide what to take with you===
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===Should I get a separation agreement?===
===Should I get a separation agreement?===
The best solution when a couple separates is to get an agreement, as long as the couple can get along well enough to negotiate a settlement or negotiate an agreement through their lawyers. A '''separation agreement''' puts in writing who will live in the home. It can also sort out other issues, such as if and when the home will be sold, how the children will be cared for, and whether support will be paid. See our information on [[Separation and Separation Agreements (Script 115)|separation agreements (no. 115)]].
The best solution when a couple separates is to get an agreement, as long as the couple can get along well enough to negotiate a settlement or negotiate an agreement through their lawyers. A '''separation agreement''' puts in writing who will live in the home. It can also sort out other issues, such as if and when the home will be sold, how the children will be cared for, and whether support will be paid. See our information on [[Separation and Separation Agreements (No. 115)|separation and separation agreements (no. 115)]].


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:Web: [https://wiki.clicklaw.bc.ca/index.php?title=Separation wiki.clicklaw.bc.ca]
:Web: [https://wiki.clicklaw.bc.ca/index.php?title=Separation wiki.clicklaw.bc.ca]


[updated October 2018]
'''The above was last reviewed for legal accuracy by [http://bhmlawyers.ca/team-2/samantha-de-wit/ Samantha de Wit], Brown Henderson Melbye and [http://jimalelawcorp.com/about-zahra/ Zahra H. Jimale], Jimale Law Corporation.'''


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