Difference between revisions of "Protecting Property and Debt in Family Law Matters"

Protecting Property and Debt in Family Law Matters (view source)

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 ====Certificates of pending litigation under the ''Land Title Act''====
-Where a court proceeding has started in the Supreme Court, a ''certificate of pending litigation'', formerly called a ''lis pendens'', can be registered against the title of any property owned by you and your spouse at the Land Title and Survey Authority. As long as you have asked for a CPL in your Notice of Family Claim or Counterclaim and made a claim for the division of family property, you will be entitled to register a CPL.
+Where a court proceeding has started in the Supreme Court, a ''Certificate of Pending Litigation'', formerly called a ''lis pendens'', can be registered against the title of any property owned by you and your spouse at the Land Title and Survey Authority. As long as you have asked for a CPL in your Notice of Family Claim or Counterclaim and made a claim for the division of family property, you will be entitled to register a CPL.
 The effect of a CPL is to announce to anyone interested in the property, such as a mortgagee or a creditor or a potential buyer, that ownership of the property may change as a result of the litigation. This discourages and usually prevents the sale or the use of the property as collateral.