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Difference between revisions of "Learning about Family Law"
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===Dividing family property=== | ===Dividing family property=== | ||
The ''[[Family Law Act]]'' deals with the division of property and debt when a couple separates. This law applies to people who are spouses — that is, to married couples and to people in a common-law relationship of two years or more. | |||
When their relationship ends, spouses are presumed to keep property they brought into the relationship and to share in property they acquired during their relationship. | |||
Unless you and the other spouse have an agreement that says something else, the presumption is that all ''family property'' and ''family debt'' is divided equally. | |||
Family property is everything either you or your spouse own together or separately on the date you separate. This includes such things as: | Family property is everything either you or your spouse own together or separately on the date you separate. This includes such things as: | ||
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*you take on after your separation date to maintain family property. | *you take on after your separation date to maintain family property. | ||
A court | ====There are exceptions to the equal division rule==== | ||
A court can order that family property and debt be divided unequally if it would be '''significantly unfair''' to divide it equally. In considering whether an equal division would be significantly unfair, a court will look at factors such as: | |||
*the length of the spouses’ relationship, | |||
*whether the debt was incurred in the normal course of the spouses’ relationship, | |||
*if the amount of family debt exceeds the value of family property, the ability of each spouse to pay a share of the family debt, | |||
*whether a spouse, after separation, caused a significant increase or decrease in the value of debt or property, and | |||
*whether a spouse may have to pay taxes as a result of a transfer of property. | |||
====Some property is excluded from the equal division rule ==== | |||
Some things are not family property. They are ''excluded'' from the rule that the property must be divided equally. For example, these things are excluded: | Some things are not family property. They are ''excluded'' from the rule that the property must be divided equally. For example, these things are excluded: | ||
*Property one spouse owned before the relationship started. | *Property one spouse owned before the relationship started. | ||