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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 05:07, 20 May 2013
, 05:07, 20 May 2013→Movable property: financial assets
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This part of the act is extremely complicated and you should get advice from a lawyer whenever you may need to deal with movable and immovable property located outside of British Columbia. | This part of the act is extremely complicated and you should get advice from a lawyer whenever you may need to deal with movable and immovable property located outside of British Columbia. | ||
===Movable | ===Movable assets=== | ||
Where a spouse has accepted the court's authority, the court can make a restraining order stopping the spouse from disposing of movable property located outside of British Columbia under s. 91 of the ''Family Law Act''. Movable property includes things like bank accounts, stocks, investment accounts, and similar assets that aren't real estate and can be taken or transferred from place to place. | Where a spouse has accepted the court's authority, the court can make a restraining order stopping the spouse from disposing of movable property located outside of British Columbia under s. 91 of the ''Family Law Act''. Movable property includes things like bank accounts, stocks, investment accounts, and similar assets that aren't real estate and can be taken or transferred from place to place. | ||
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If a s. 91 order is not available for some reason, a ''Mareva'' injunction will have the same effect. However, ''Mareva'' injunctions are not granted automatically and you must satisfy the test described just above. | If a s. 91 order is not available for some reason, a ''Mareva'' injunction will have the same effect. However, ''Mareva'' injunctions are not granted automatically and you must satisfy the test described just above. | ||
==Resources and links== | ==Resources and links== | ||
