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Forum
Started Dec 09 2012, 00:25
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Dec 09 2012, 00:25
If you are married, on a breakup of your relationship there is a presumption that each spouse in entitled to half of the "matrimonial assets". Not all assets owned by the spouses, however, are "matrimonial assets". Assets not used in the marriage may be excluded from the division.
While there is a presumption that the matrimonial assets are divided equally between the spouses, a judge has power under the Family Relations Act of British Columbia to award an unequal division of assets in certain circumstances. For example, assets may be divided unequally in order to promote or maintain the self-sufficiency of one of the spouses, or in the case of a short marriage, an unequal division favoring the spouse that brought the asset to the marriage. So, although when married there is a presumption that property be divided equally between the spouses, there is a complex array of legal considerations that may result in an unequal division. Your lawyer can give valid legal advice on how best to achieve the division of property you believe fair following the breakup of a marriage.
Thanks
ID#12578288
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