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edited for accuracy + added "Business Assets" section
=== 4. Real Property ===
It is often necessary to take early steps to secure the title to real property when there is a separation. In fact, it is recommended for clients to file as soon as possible to avoid missing any limitation dates and preserve their claim. This is particularly so where property is registered in the name of only one spouse, and there is a risk of that party disposing of or encumbering the property, or where judgments are likely to be registered against one party’s interest, which might prejudice the other party. Under section 91 of the ''FLA'' and Rules 12-1 and 12-4 of the ''Supreme Court Family Rules'', one may request an automatic restraining order to prevent the sale or disposal of family assets property including real property. There are several ways of protecting a spouse’s interest.
==== a) Certificates of Pending Litigation and Caveats ====
A former spouse is considered a “spouse” within the meaning of the FRA(s 1), ''FLA'' (s 3) for the purpose of proceedings to enforce or vary an existing order. However, where an entirely new order is sought, the parties cease to be “spouses” within the meaning of the Act after 2 years has passed since the order granting the divorce was made. This distinction has engendered a debate as to whether there is a limitation period for the redistribution of property “between spouses” under the FRA. See ''Staires v Staires'' (1991), 34 R.F.L. (3d) 376 (BCS.C.) and ''Tatlock v Tatlock'' (1992), 71 BCLR (2d) 194 (SC). The Supreme Court of Canada partially addressed the issue in ''Stein v Stein'', [2008] 2 SCR 263, 2008 SCC 35, para. 12: “...the [''Family Relations Act''] does not place any temporal limits on the division of assets. Nor does it state that once assets have been subject to an initial division, a reapportionment cannot occur at some point in the future”.
Under the new limitations statute of 2012''Limitations Act'', there is no longer a limitation date for claims on arrears of spousal and child support payments. Once a distribution scheme for family property is set, either by the Court or by agreement, it is always enforceable subject to the relevant case law.
==== f) Interim Relief ====
A court may order temporary exclusive occupation and possession of the family residence and its contents by just one spouse (, ''FLA'' s 8990). The '' ==== g) Business Assets ==== Under the FLA'' allows the Court to issue temporary orders regarding who may live , business property is no longer singled out as it was in the FRA. Business property is family residence (s 90)property unless it is excluded property under the FLA.
=== 5. Business Assets ===