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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)
Revision as of 23:50, 2 May 2013
, 23:50, 2 May 2013→The Law and Equity Act
Gayla Reid (talk | contribs) |
Gayla Reid (talk | contribs) |
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<blockquote><tt>(3) If an injunction is requested either before, at or after the hearing of a cause or matter, to prevent any threatened or apprehended waste or trespass, the injunction may be granted if the court thinks fit, whether the person against whom the injunction is sought is or is not in possession under any claim of title or otherwise or, if out of possession, does or does not claim a right to do the act sought to be restrained under any colour of title, and whether the estates claimed by both or by either of the parties are legal or equitable.</tt></blockquote> | <blockquote><tt>(3) If an injunction is requested either before, at or after the hearing of a cause or matter, to prevent any threatened or apprehended waste or trespass, the injunction may be granted if the court thinks fit, whether the person against whom the injunction is sought is or is not in possession under any claim of title or otherwise or, if out of possession, does or does not claim a right to do the act sought to be restrained under any colour of title, and whether the estates claimed by both or by either of the parties are legal or equitable.</tt></blockquote> | ||
This section gives the court a fairly broad authority to make an | This section gives the court a fairly broad authority to make an injunction where the injunction is justified. Much like injunctions under Rule 12-4, you will have to show that: | ||
#you have a reasonable claim against assets owned by your spouse, | #you have a reasonable claim against assets owned by your spouse, | ||