Our skilled team of Matrimonial Home Preservation Order lawyers knows the family home in BC represents most families’ largest asset. With matrimonial homes in BC and the Lower mainland selling rapidly and for huge prices, protecting your biggest asset is crucial and it is imperative you hire a family lawyer familiar with all the options to protect your property rights such as one of our skilled BC Matrimonial Home Preservation Order lawyers.
Get Help From One Of BC’s Top Matrimonial Home Preservation Order Lawyers
Are you worried that your spouse may withdraw equity from or otherwise deal with your family home without your consent? It’s important you do not hesitate to meet with our BC Matrimonial Home Preservation Order lawyers at any of our 4 offices across BC in Vancouver, Kelowna, Fort St John and Surrey, BC.
Call us toll free at 1-877-602-9900.
When a spousal relationship ends, it’s prudent to take steps to protect assets, such as your home, that will be subject to equal distribution between you and your spouse under the Family Law Act (“FLA”). This is because regardless of whether or not you are title to your home or whether you are name is on the mortgage, under BC law you are entitled to half of the equity in your home. There are various ways to protect your interest in your home. MacLean Law is here to help.
What Are My Options And Why Should I Hire Matrimonial Home Preservation Order Lawyers To Help?
Steps to protect your property can be obtained both inside and outside the courtroom. Some options include the following.
Court Processes
An order to protect your family home can be obtained under section 91 of the FLA. A section 91 order can, amongst other things, allows the court to prohibit your spouse from disposing of, transferring, converting or exchanging your home into another form.
You can also apply for an injunction under the Supreme Court Family Rules Rule 12. An injunction is a court order that will prevent your spouse from dealing with your home. The scope of the injunction will be determined by the particular concerns in your specific situation.
Outside Court Processed Relief
There are also steps you can take to protect your home that do not require a court order. They include:
- filing a certificate of pending litigation (“CPL”) under the Land Title Act (“LTA”);
- making an entry under the Land (Spouse Protection) Act (“LSPA”); and
- registering of a caveat under the LTA.
CPL
A CPL can be registered against your home in the Land Title Office once you commence a law suit against your spouse in court. Once the CPL is registered against the title to your home, your spouse will be unable to transfer title of the property or obtain a new mortgage until the CPL is canceled.
Entry under LSPA
Under the LSPA, if you are married, you can apply for an entry against the title of your home which will prevent it from being sold without your agreement. Unfortunately, this option is not available to unmarried (common law) spouses.
Caveat
A caveat is a caution noted on title to your home. The CPL will give a warning to anyone who may be asked to deal with your interest (such as banks or prospective purchasers) that there is a pending claim against the property. The effect of a CPL is that it will deter third parties from dealing with your home. This caveat can be very effective for protecting your interest pending the outcome of settlement or trial.
If you have a concern that your spouse may deal with your home without your consent, contact one of the highly experienced Matrimonial Home Preservation Order lawyers at MacLean Law today!
