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Nate Russell (talk | contribs) m (Nate Russell moved page Basic Principles of Property & Debt in Family Law to Basic Principles of Property and Debt in Family Law: new title for edition 2020) |
Nate Russell (talk | contribs) (From staging June 2022) |
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===Standing=== | ===Standing=== | ||
''Standing'' is a legal term. If you have standing it means you have the right to make the claim you're making before the judge you're making the claim before. Most spouses under the ''Family Law Act'' have ''standing'' to ask the Supreme Court to divide property and debt when they separate. Spouses who are not married or who have not lived together in a marriage-like relationship of at least two years do not have standing, however. Section 3 says this: | |||
<blockquote><tt>(1) A person is a spouse for the purposes of this Act if the person</tt></blockquote> | <blockquote><tt>(1) A person is a spouse for the purposes of this Act if the person</tt></blockquote> | ||
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<blockquote><tt>(2) A spouse includes a former spouse.</tt></blockquote> | <blockquote><tt>(2) A spouse includes a former spouse.</tt></blockquote> | ||
Unmarried spouses who have lived together for less than two years are not eligible to ask for orders about the division of property or debt under the ''Family Law Act''. The rules about property that apply | Unmarried spouses who have lived together for less than two years are not eligible to ask for orders about the division of property or debt under the ''Family Law Act''. The rules about property that apply unmarried people who have lived together for less than two years spouses are discussed in this chapter under the [[Property and Debt in Family Law Matters]] section, and in the chapter [[Family Relationships]] under the [[Parents]] section. | ||
===Period of entitlement=== | ===Period of entitlement=== | ||
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<blockquote><blockquote><tt>(a) property acquired by a spouse before the relationship between the spouses began; </tt></blockquote></blockquote> | <blockquote><blockquote><tt>(a) property acquired by a spouse before the relationship between the spouses began; </tt></blockquote></blockquote> | ||
<blockquote><blockquote><tt>(b) gifts or inheritances to a spouse; </tt></blockquote></blockquote> | <blockquote><blockquote><tt>(b) gifts or inheritances to a spouse; </tt></blockquote></blockquote> | ||
<blockquote><blockquote><tt>(c) a settlement or an award of damages to a spouse as compensation for injury or loss, unless the settlement or award represents compensation for</tt></blockquote></blockquote> | <blockquote><blockquote><tt>(c) a settlement or an award of damages to a spouse as compensation for injury or loss, unless the settlement or award represents compensation for</tt></blockquote></blockquote> | ||
<blockquote><blockquote><blockquote><tt>(i) loss to both spouses, or</tt></blockquote></blockquote></blockquote> | <blockquote><blockquote><blockquote><tt>(i) loss to both spouses, or</tt></blockquote></blockquote></blockquote> | ||
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==Cohabitation agreements and marriage agreements== | ==Cohabitation agreements and marriage agreements== | ||
[[Cohabitation Agreements|Cohabitation agreements]] are agreements signed by people who will be or are living together, who may or may not wind up getting married later on down the road. | [[Cohabitation and Living Together Agreements|Cohabitation agreements]] are agreements signed by people who will be or are living together, who may or may not wind up getting married later on down the road. | ||
[[Marriage Agreements|Marriage agreements]] are signed by people who will be getting, or are, married. Although there's no reason why these agreements can't be signed well into a relationship, they're usually signed on or shortly after the date the parties begin to live together or marry. | [[Marriage Agreements|Marriage agreements]] are signed by people who will be getting, or are, married. Although there's no reason why these agreements can't be signed well into a relationship, they're usually signed on or shortly after the date the parties begin to live together or marry. | ||
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*[https://www.clicklaw.bc.ca/resource/1240 Dial-A-Law Script "Dividing Property and Debts"] | *[https://www.clicklaw.bc.ca/resource/1240 Dial-A-Law Script "Dividing Property and Debts"] | ||
*[http://www.clicklaw.bc.ca/resource/1529 Justice Education Society's handbook ''Parenting After Separation: Finances''] | *[http://www.clicklaw.bc.ca/resource/1529 Justice Education Society's handbook ''Parenting After Separation: Finances''] | ||
*[http://www.clicklaw.bc.ca/resource/4656 Legal | *[http://www.clicklaw.bc.ca/resource/4656 Legal Aid BC’s Family Law website's information page "Property & debt"] | ||
** See "Dividing property and debts" | ** See "Dividing property and debts" | ||
{{REVIEWED | reviewer = [[ | {{REVIEWED | reviewer = [[JP Boyd]], April 22, 2022}} | ||
{{JP Boyd on Family Law Navbox|type=chapters}} | {{JP Boyd on Family Law Navbox|type=chapters}} |