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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 20:49, 19 April 2013
, 20:49, 19 April 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 | 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: | ||
<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> | ||
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<blockquote><blockquote><tt>(ii) a spouse's direct contribution to the preservation, maintenance, improvement, operation or management of excluded property.</tt></blockquote></blockquote> | <blockquote><blockquote><tt>(ii) a spouse's direct contribution to the preservation, maintenance, improvement, operation or management of excluded property.</tt></blockquote></blockquote> | ||
As we saw in the discussion about s. 95, it's hard to say what "significantly unfair" means. I expect that something | As we saw in the discussion about s. 95, it's hard to say what "significantly unfair" means. I expect that something that is "significantly unfair" is more unfair than something which is just "unfair," yet is less unfair than something that is "grossly unfair." | ||
===Property and debt outside British Columbia=== | ===Property and debt outside British Columbia=== | ||