Difference between revisions of "Dividing Property and Debt in Family Law Matters"

Dividing Property and Debt in Family Law Matters (view source)

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 A couple of important points about this section deserve mention:
-#the order ''must'' be made when a spouse asks for it, unless the other spouse can show that there are sufficient assets so that the claim to the property won't be frustrated if he or she happens to sell some of the assets,
+*the order ''must'' be made when a spouse asks for it, unless the other spouse can show that there are sufficient assets so that the claim to the property won't be frustrated if he or she happens to sell some of the assets,
-#the order can be made without giving the other spouse notice of the application, and
+*the order can be made without giving the other spouse notice of the application, and
-#the order includes not just "family property" but all property in dispute, including property that might be excluded property.
+*the order includes not just "family property" but all property in dispute, including property that might be excluded property.
 This is a powerful interim order and you should probably think about asking for this order if you are asking for a share of property. This is just a matter of being prudent. You may have no cause to believe that your spouse would do something that would jeopardize your interests, but it almost always pays to be cautious.