7,381
edits
Difference between revisions of "Protecting Property and Debt in Family Law Matters"
From Clicklaw Wikibooks
Protecting Property and Debt in Family Law Matters (view source)
Revision as of 23:27, 18 July 2019
, 23:27, 18 July 2019→The general rule
Nate Russell (talk | contribs) |
Nate Russell (talk | contribs) |
||
| Line 195: | Line 195: | ||
<blockquote>This would reapportion the value of the property the court can deal with (the family home) to compensate Ivan for the interest he ought to have in the property the court can't deal with (the farm). Zygmunt is still left with half of the family property, as he remains the sole owner of the farm, $50,000, and gets a $25,000 share of the family home, for a total property interest of $75,000.</blockquote> | <blockquote>This would reapportion the value of the property the court can deal with (the family home) to compensate Ivan for the interest he ought to have in the property the court can't deal with (the farm). Zygmunt is still left with half of the family property, as he remains the sole owner of the farm, $50,000, and gets a $25,000 share of the family home, for a total property interest of $75,000.</blockquote> | ||
In truly exceptional circumstances, it is possible to get an order stopping someone from disposing of real property located outside the province with something called a "''Mareva'' injunction." A ''Mareva'' injunction will stop someone from selling or encumbering assets outside of British Columbia, providing that certain conditions are met. (The name of this order comes from an old English case in which the relief was first granted, ''Mareva Compania Naviera S.A. v. International Bulkcarriers S.A.'', [1980] 1 All E.R. 213). To qualify for this order, you must: | In truly exceptional circumstances, it is possible to get an order stopping someone from disposing of real property located outside the province with something called a "''Mareva'' injunction." A ''Mareva'' injunction will stop someone from selling or encumbering assets outside of British Columbia, providing that certain conditions are met. (The name of this order comes from an old English case in which the relief was first granted, ''[https://perma.cc/WK3R-48XF Mareva Compania Naviera S.A. v. International Bulkcarriers S.A.]'', [1980] 1 All E.R. 213). To qualify for this order, you must: | ||
#show a strong case for your entitlement to a share of those assets, | #show a strong case for your entitlement to a share of those assets, | ||
