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Difference between revisions of "Dividing Property and Debt in Family Law Matters"
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Dividing Property and Debt in Family Law Matters (view source)
Revision as of 02:39, 29 March 2013
, 02:39, 29 March 2013→Orders for the Division of Property and Debt
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==Orders for the Division of Property and Debt== | ==Orders for the Division of Property and Debt== | ||
Under the ''Family Law Act'', a person with standing as a "spouse" under s. 3 may apply, within the two-year time limit in s. 198, for a division of property under s. 94(1). Where another court may also make an order for the division of property, the court here must first determine whether it should go ahead under s. 106 and, if so, it must next determine what law it should apply under s. 108. However, where no other court may make an order respecting property, the court here may make orders dividing property and debt under Part 5 of the act without any more complications. | |||
The usual order under Part 5 is an order that decides which property is family property and which debt is family debt, and then divides them both equally. However, in some circumstances the court can divide family property and family debt unequally; in others the court can even divide excluded property between spouses. | |||
===Determining Jurisdiction=== | ===Determining Jurisdiction=== | ||
A spouse who is married or has lived with his or her spouse in a marriage-like relationship can start a court proceeding in British Columbia and ask for orders about the division of property and debt. There's no rule that says that a person who starts a court proceeding in British Columbia must live in British Columbia, but there must be some connection with this province and the court proceeding. Maybe the other spouse lives here. Maybe the property or debt is here. Maybe British Columbia is where the spouses lived for most of their relationship. Either way, there must be some connection between the court proceeding and British Columbia. | |||
However, where another court might be able to make orders about the same people and the same property, the court here must decide: | |||
#if | |||
===Property and Debt in British Columbia=== | ===Property and Debt in British Columbia=== | ||
====Interim Orders==== | |||
====Dividing Property and Debt Equally==== | ====Dividing Property and Debt Equally==== | ||
