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Difference between revisions of "Dividing Property and Debt in Family Law Matters"
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Dividing Property and Debt in Family Law Matters (view source)
Revision as of 13:28, 20 May 2013
, 13:28, 20 May 2013→How the Family Law Act divides property and debt
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This is how Part 5 works: | This is how Part 5 works: | ||
*'''Section 97(2)(a):''' This section says that the court can make declarations concerning the possession and ownership of property and can make orders | *'''Section 97(2)(a):''' This section says that the court can make declarations concerning the possession and ownership of property and can make orders that may be necessary to give effect to such declarations. | ||
*'''Section 106:''' This section says when the courts of British Columbia have the authority to divide property and debt if there is another court that can also make orders dividing property and debt. | *'''Section 106:''' This section says when the courts of British Columbia have the authority to divide property and debt if there is another court that can also make orders dividing property and debt between the same spouses. | ||
*'''Section 81:''' This section states the basic principle that when spouses separate, each spouse takes a one-half interest in family property as a tenant in common, and each becomes responsible for one-half of the family debt. | *'''Section 81:''' This section states the basic principle that when spouses separate, each spouse takes a one-half interest in family property as a tenant in common, and each becomes responsible for one-half of the family debt. | ||
*'''Sections 84 and 85:''' These sections tell you how to figure out which property is family property and which property is excluded property. | *'''Sections 84 and 85:''' These sections tell you how to figure out which property is family property and which property is excluded property. | ||
*'''Section 94(1):''' This section gives the court the authority of the court to make orders for the division of property and debt. | *'''Section 94(1):''' This section gives the court the authority of the court to make orders for the division of property and debt. | ||
*'''Sections 95 and 95:''' These sections say when the court | *'''Sections 95 and 95:''' These sections say when the court may divide excluded property between spouses and when it may divide family property unequally. | ||
*'''Section 109(1):''' This section allows the court to make orders for the ownership and division of property outside of British Columbia. | *'''Section 109(1):''' This section allows the court to make orders for the ownership and division of property outside of British Columbia. | ||