Difference between revisions of "Basic Principles of Property and Debt in Family Law"

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====The ''Family Relations Act'' and the ''Family Law Act''====
====The ''Family Relations Act'' and the ''Family Law Act''====


Under the ''Family Relations Act'', married spouses shared in all property that was "ordinarily used for a family purpose". This meant that you didn't need to look at who owned something on paper, how something was acquired, or whether property was acquired before or during the relationship; what mattered was how the property was ''used''. For most couples ''everything'' they had wound up being ordinarily used for a family purpose in one way or another.
Under the ''Family Relations Act'', married spouses shared in all property that was "ordinarily used for a family purpose." This meant that you didn't need to look at who owned something on paper, how something was acquired, or whether property was acquired before or during the relationship; what mattered was how the property was ''used''. For most couples ''everything'' they had wound up being ordinarily used for a family purpose in one way or another.


Under the ''Family Law Act'', use is irrelevant. In fact that's exactly what s. 81(a) says:
Under the ''Family Law Act'', use is irrelevant. In fact that's exactly what s. 81(a) says:
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