Matrimonial home may cause confusion during property division

On behalf of Peterson Stark Scott posted in Property Division on January 23, 2020.

Yours, mine and ours. That's what needs to be decided when it comes to property division when a couple is headed for divorce. The matrimonial home is likely the thing around which the biggest and often most contentious decisions are made. Separating property -- including the matrimonial home -- is governed by provincial legislation in British Columbia, whether the couple is married or unmarr...

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Property division: What happens to a business?

On behalf of Peterson Stark Scott posted in Property Division on January 9, 2020.

There are many things on the table when a couple makes the decision to divorce. One of the discussions British Columbia couples in this circumstance must have is regarding property division. But what happens when a business is involved? It doesn't matter if the business is worth billions, millions or thousands of dollars, communication and collaboration are the keys, according to experts.Continue reading Property division: What happens to a business?

Property division: The meaning of patrimony

On behalf of Peterson Stark Scott posted in Property Division on December 16, 2019.

There may be a term bandied about during the divorce process of which some couples may not be aware: patrimony. Essentially, in British Columbia -- as in the rest of the country -- patrimony refers to property division whether a couple is married or living in a common law relationship (or civil union). Family patrimony is comprised of the assets a couple shares that are up for division at se...

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Property division: Understanding what’s included

On behalf of Peterson Stark Scott posted in Property Division on November 12, 2019.

Separating or divorcing means a couple still has to take care of a lot of business. One of the issues about which decisions need to be made is property division. That hasn't been easy for many British Columbia couples in light of the volatile real estate market and escalating property values, but there are distinct rules in place governed by the Family Law Act. For example, family property i...

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Property division: What happens to the house after a split?

On behalf of Peterson Stark Scott posted in Property Division on October 8, 2019.

When living under one roof becomes more than couples can bear, they may decide it's time to end their relationships. British Columbia residents who are married or living in common law unions have many things with which they need to come to terms. One of the decisions that has to be made upon the dissolution of a marriage or common law relationship, is property division.

Provinces and ...

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When property division becomes problematic in a divorce

On behalf of Peterson Stark Scott posted in Property Division on April 9, 2019.

Couples who are heading for divorce obviously have had clashes of communication and likely don't see eye to eye on many issues. When divorcing British Columbia couples don't agree on property division, they have two choices -- each can get the help of a family law professional to help sort out the problems or head to court and let a judge decide. Alternative dispute resolution may be the ans...

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Property division for common law partners in British Columbia

On behalf of Peterson Stark Scott posted in Property Division on March 26, 2019.

Divorce can be a messy affair. Whether a British Columbia couple is formally married or living a common law lifestyle when the relationship sours and the decision has been made to part ways with property on the line, the issue of property division will rear its head at some point. Family law is very encompassing when it comes to common law spouses and dividing property.

In British Colu...

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Hot real estate market creates issues with property division

On behalf of Peterson Stark Scott posted in Property Division on February 7, 2019.

A real estate market that has been on fire for some time in Vancouver has created a new set of issues for divorcing couples. Real estate transactions in British Columbia have been steaming, which makes the issue of property division in the province somewhat more complicated. Any property owned by spouses on their separation date is considered family property and is on the block for division,...

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Property division: How does an inheritance figure into a divorce?

On behalf of Peterson Stark Scott posted in Property Division on March 27, 2018.

If a married individual is gifted with a sizable amount of money and the relationship breaks down, is it fair that the money should be split upon divorce? When it comes to property division issues in Canada, a person can protect an inheritance if a marriage ends in divorce. The most obvious way is with either a prenuptial ag...

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Same-sex divorce and property division in British Columbia

On behalf of Peterson Stark Scott posted in Property Division on November 20, 2017.

Marriage is different in the 21st century and so is divorce. With same-sex marriage legal in Canada, same-sex spouses who are divorcing have similar issues to address. One of those concerns is property division. Laws affecting most marriage and family issues are put in place by individual provinces. In British Columbia same-...

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