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If one spouse wants to divide excluded property and the other doesn’t, a court can decide to do so. That is, the law says that a spouse can keep their excluded property. But a court ''can'' divide excluded property to make sure each spouse gets what’s fair. Excluded property can be divided if: | If one spouse wants to divide excluded property and the other doesn’t, a court can decide to do so. That is, the law says that a spouse can keep their excluded property. But a court ''can'' divide excluded property to make sure each spouse gets what’s fair. Excluded property can be divided if: | ||
* family property or family debt outside British Columbia can’t be divided, or | * family property or family debt '''outside''' British Columbia can’t be divided, or | ||
* it would be significantly unfair not to divide excluded property, considering: | * it would be '''significantly unfair''' not to divide excluded property, considering: | ||
** how long the spouses’ relationship is, and | ** how long the spouses’ relationship is, and | ||
** how much the non-owning spouse directly contributed to it. | ** how much the non-owning spouse directly contributed to it. |
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