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

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If spouses are able to agree on how their property and debts will be divided, they can make a separation agreement setting out the terms of their agreement. However, if they can't agree the court will make an order dividing their property and debt for them after court proceedings are started.
If spouses are able to agree on how their property and debts will be divided, they can make a separation agreement setting out the terms of their agreement. However, if they can't agree the court will make an order dividing their property and debt for them after court proceedings are started.
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If the court sets aside an agreement under s. 93(3) or (5), the court wil then make an order dividing property and debt between the spouses.
If the court sets aside an agreement under s. 93(3) or (5), the court wil then make an order dividing property and debt between the spouses.


<!---HIDDEN
==Further Reading in this Chapter==
==Further Reading in this Chapter==


* <span style="color: red;">bulleted list of other pages in this chapter, linked</span>
* <span style="color: red;">bulleted list of other pages in this chapter, linked</span>
END HIDDEN --->


==Page Resources and Links==
==Page resources and links==


===Legislation===
===Legislation===


* <span style="color: red;">bulleted list of linked legislation referred to in page</span>
* ''[[Family Law Act]]''
Family Law Act, FRA if it's still online
* ''[http://canlii.ca/t/848q Partition of Property Act]''
* ''[[Family Relations Act]]'' (''repealed'')


===Links===
===Links===


* <span style="color: red;">bulleted list of linked external websites referred to in page</span>
* [http://www.clicklaw.bc.ca/resource/1240 Canadian Bar Association BC Branch: Dividing property and debts]
 
* [http://www.clicklaw.bc.ca/resource/1529 Justice Education Society: Workbook for parents separated with children on dealing with finances]
* [http://www.clicklaw.bc.ca/resource/1639 Legal Services Society’s Family Law Website: How to divide property and debts]
* [http://www.bcrelinks.com/download/ptt/pttform2.pdf Special Property Transfer Tax Return]


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