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

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From staging June 2022
(From staging June 2022)
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===Standing===
===Standing===


The people who are entitled to ask to divide property and debt are ''spouses'', but not all spouses, just spouses who are married to each other or who have lived together in a marriage-like relationship for at least two years. Section 3 says this:
''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 to these spouses and other people who aren't spouses are discussed in the first section in this chapter, under the heading "[[Property_%26_Debt_in_Family_Law_Matters#Property_claims_and_people_who_aren.27t_spouses|property claims and people who aren't spouses]]," and in the chapter [[Family Relationships]] in the section [[Other Unmarried Relationships.]]
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>(b.1) gifts to a spouse from a third party; </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 Services Society’s Family Law website's information page "Property & debt"]
*[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 = [[Helen Chiu]], May 14, 2019}}
{{REVIEWED | reviewer = [[JP Boyd]], April 22, 2022}}


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