Marital property division will be extended to common-law spouses who have lived together for two years in a marriage-like relationship, or who are in a marriage-like relationship of some permanence and have children together. The current more expansive approach to dividing spouses’ property - based on whether an asset was « ordinarily used for a family purpose » - will shift to the « excluded property » regime used in other Canadian provinces. Judges’ discretion to reapportion family property other than equally, or to divide excluded property, will be limited to when it would be « clearly unfair » not to do so - a higher threshold than the current reapportionment standard. Debts would be equally divided. As defaults, the date of separation would be the triggering event, and the date of the court order or agreement would be the valuation date. Unmarried parties must bring a claim for property division within two years of separation; married couples must bring their claims within two years of divorce.
Source: British Columbia. The best Place on Earth. http://www.ag.gov.bc.ca/legislation/pdf/Family-Law-White-Paper.pdf
Fondation Gilbert Claes
Marital property division will be extended to common-law spouses.Publié: septembre 8, 2010 dans Uncategorized