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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 14:05, 20 May 2013
, 14:05, 20 May 2013→Dividing excluded property
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====Dividing excluded property==== | ====Dividing excluded property==== | ||
Under s. 96 of the ''[[Family Law Act]]'', the court may not make an order dividing excluded property between spouses except in two situations: if there's property outside the province that can't be divided under s. 109, discussed below; or, if it would be "significantly unfair" not to divide the excluded property in light of the length of the spouses' relationship or one spouse's contributions to excluded property owned by the other spouse: | Under s. 96 of the ''[[Family Law Act]]'', the court may not make an order dividing excluded property between spouses except in two situations: if there's property outside the province that can't be divided under s. 109, discussed below; or, if it would be "significantly unfair" not to divide the excluded property in light of the length of the spouses' relationship or one spouse's contributions to excluded property owned by the other spouse. Section 96 says this: | ||
<blockquote><tt>The Supreme Court must not order a division of excluded property unless</tt></blockquote> | |||
<blockquote><tt>(a) family property or family debt located outside British Columbia cannot practically be divided, or</tt></blockquote> | <blockquote><tt>(a) family property or family debt located outside British Columbia cannot practically be divided, or</tt></blockquote> | ||
<blockquote><tt>(b) it would be significantly unfair not to divide excluded property on consideration of</tt></blockquote> | <blockquote><tt>(b) it would be significantly unfair not to divide excluded property on consideration of</tt></blockquote> | ||