January 26, 2021
Can you lose your excluded property if you separate from or divorce your spouse?
As I mentioned in my last post, there are eight categories of excluded property in the Family Law Act. Some common types of excluded property are:
- Property owned by a spouse prior to the spousal relationship. For example, your equity in the family home that you owned prior to becoming spouses.
- Gifts to one spouse from a third party. For example, a gift from your parent to you for the down payment of real estate.
- Inheritances received by one spouse. For example, your grandmother passes and leaves you a cash inheritance.
- Personal injury settlements and insurance settlements (not attributed to the loss of income).
A common question for Vancouver family law lawyers is: If you have excluded property, and if you and your spouse separate or divorce, you get to keep your exclusion, right?
January 7, 2021
Family Law Property Rights: an often Misunderstood and Contentious Subject
In Vancouver, family property division, family debt division and excluded property division are governed by the laws in the Family Law Act. These laws apply to those couples who meet the definition of “spouses” in the Family Law Act. Spouses are those couples who have been “living in a marriage-like relationship” for a period of two years or more.
January 1, 2021
Not living with your partner? You could still be spouses with rights and obligations under family law
If you are spouses, then family property divisions, family debt division and spousal support laws apply to you.
As discussed in my previous post which can be found here, unmarried couples must live in a “marriage-like” relationship for a period of at least two continuous years to be considered “spouses” under the Family Law Act which applies to all family law matters in Vancouver and other parts of BC.
December 29, 2020
Family Property Law: When will it apply to you?
At what stage of a relationship should you start thinking about family property and family debt division laws and whether they apply to you?
I will answer this question with another question:
Are you entering a new relationship, in a current relationship, or ending a relationship?