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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)
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====Entries under the ''Land (Spouse Protection) Act''==== | ====Entries under the ''Land (Spouse Protection) Act''==== | ||
Married spouses and unmarried spouses may file an ''entry'' on the title of the family home under the provincial ''Land (Spouse Protection) Act''. The entry will prevent a spouse from transferring, selling, leasing, or making a gift of the family home without the knowledge and approval of the spouse filing the entry. | Married spouses and unmarried spouses may file an ''entry'' on the title of the family home under the provincial ''Land (Spouse Protection) Act''. The entry will prevent a spouse from transferring, selling, leasing, or making a gift of the family home without the knowledge and approval of the spouse filing the entry. A spouse is not given notice of an entry filed against the family home under the ''Land (Spouse Protection) Act.'' | ||
The great thing about these entries is that you can get one whether court proceedings have started or not. This is an ideal way to protect yourself if you only have a slight concern about your relationship or the trustworthiness of your spouse, but don't have the need to begin a proceeding just yet. The downside, of course, is that entries under this act only protect the single property that is or was used as the family home. | The great thing about these entries is that you can get one whether court proceedings have started or not. This is an ideal way to protect yourself if you only have a slight concern about your relationship or the trustworthiness of your spouse, but don't have the need to begin a proceeding just yet. The downside, of course, is that entries under this act only protect the single property that is or was used as the family home. | ||
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The effect of a CPL is to announce to anyone interested in the property, such as a mortgagee or a creditor or a potential buyer, that ownership of the property may change as a result of the litigation. This discourages and usually prevents the sale of the property or its use as collateral. | The effect of a CPL is to announce to anyone interested in the property, such as a mortgagee or a creditor or a potential buyer, that ownership of the property may change as a result of the litigation. This discourages and usually prevents the sale of the property or its use as collateral. | ||
You can file your CPL at the same time as you file your Notice of Family Claim or Counterclaim. The registry will stamp your CPL, and you must take the stamped CPL and file it in the Land Title and Survey Authority together with a copy of your Notice of Family Claim or Counterclaim. | You can file your CPL at the same time as you file your Notice of Family Claim or Counterclaim. The registry will stamp your CPL, and you must take the stamped CPL and file it in the Land Title and Survey Authority together with a copy of your Notice of Family Claim or Counterclaim. The owner or owners of the property on which a CPL has been registered against title are given notice of the CPL by mail. | ||
====Notices and financing statements under the ''Family Law Act''==== | ====Notices and financing statements under the ''Family Law Act''==== | ||
