The division of property in a divorce in Canada is determined by a combination of the federal Divorce Act and the laws of each province and territory. The overarching principle is that property should be divided justly and equitably between the spouses, taking into account various considerations such as the length of the marriage, each spouse’s contributions, and their financial circumstances.
All assets and debts acquired or brought into the marriage during the course of the marriage are considered part of the marital property, including income earned, real estate, investments, pensions, and other assets, as well as debts such as credit card balances and mortgages.
The court will consider various factors, including the length of the marriage, each spouse’s contributions to the marriage, non-financial contributions like caring for children and household duties, and their current financial situation. The court will also consider the future needs of each spouse, such as their earning potential, health, and age, to ensure that each spouse can meet their basic needs after the divorce.
For instance, if one spouse was a homemaker during the marriage, the court may award them a greater share of the marital property to assist in establishing a new household and supporting themselves.
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Division of property
In cases where the spouses cannot reach an agreement on the division of property, the court will make a decision based on the presented evidence and legal principles, striving to achieve a fair and equitable division of property.
Aside from property division, the court may also issue spousal support orders, which involve financial support from one spouse to the other after the divorce. The same considerations that are taken into account when dividing property, including the length of the marriage, each spouse’s contributions, and their current financial circumstances, are also considered in determining the appropriateness and amount of spousal support.
In summary, the division of property in a divorce in Canada is guided by principles of fairness and equity, taking into account relevant factors such as the length of the marriage, each spouse’s contributions, their financial circumstances, and future needs. The court will consider these factors in determining how to divide the marital property and make spousal support orders if necessary.
How do spousal liens on marital property BC work?
A spousal lien in British Columbia is a legal mechanism utilized in the event of a separation or divorce to secure payment of property division or support from one spouse to the other. This lien can be placed on any property jointly owned by both spouses, including real estate, personal belongings, and vehicles.
To establish a spousal lien, a notice of lien must be filed with either the Land Title Office or the Personal Property Registry, depending on the type of property in question. This notice serves as a public record of the lien and gives priority interest to the spouse making the claim. As a result, in the event of a sale or transfer, the spouse with the lien must be paid out before any other creditors or buyers.
In order to have a spousal lien removed, the spouses must either reach an agreement on property division or support payments, or a court order must be obtained. If one spouse has not fulfilled their obligations regarding property division or support payments, a court may also impose a lien.
Divorce in Vancouver
It’s important to keep in mind that a spousal lien can have a significant impact on a spouse’s ability to sell or transfer their property, as the lien must be satisfied before the transfer can take place. Furthermore, the presence of a lien can hinder a spouse’s ability to secure financing for the property, as lenders may be wary of lending against property encumbered by a lien.
A lien in British Columbia is an effective means of securing payment of support or property division from one spouse to the other. However, it’s essential to understand the impact that a lien can have on a spouse’s ability to sell or transfer their property, and to take the necessary steps to resolve the lien through an agreement or court order.
If you are going through a divorce in Vancouver, speak to a law firm.