In a divorce in British Columbia, it is important to determine what the court will consider excluded property in terms of property division. The Family Relations Act of British Columbia defines excluded property as it pertains to property division. Because one or more of these definitions might affect whether you are granted ownership of certain property during your divorce or whether your ex-spouse gets to keep it, it’s important to understand how the court will view it.
- The following types of property are not considered family property:
- A spouse’s inheritance
- Property a person acquired before beginning a relationship with his or her spouse An award or settlement of damages for injury or loss that was awarded as compensation to a spouse. However, if the award or settlement is for compensation for a spouse’s lost income or losses suffered by both spouses, then it is considered family property.
- Beneficial interest in property belonging to one spouse that is held in a discretionary trust. However, if the other spouse contributed or another person besides the spouse settled it, then it is considered family property.
These are just a few examples of excluded property. If a spouse claims to the court that some property is excluded property, it is up to him or her to prove to the court that the respective property is actually excluded property.
As you can see, the division of property in a divorce can be complex, especially if there are substantial assets involved. The best way to decide if the specific property will qualify as an excluded property is a lawyer make a determination.
Laughlin & Company Lawyers Mediators
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