BC Separation Property Division Lawyers 1-877-602-9900 ensure you get your fair share and don’t miss the time limits to do so. Today we answer a common question on family property division and also explains why delay in seeking property division relief can be catastrophic to a family law client.
BC Separation Property Division Lawyers are often asked: After you have separated from your spouse, how long do you have to make a property claim?
BC Separation Property Division Lawyers Warning
Property claims in BC family law cases include claims pertaining to the division of family property (including the family home, RRSPs, trust property, pensions, shares in companies and ventures and vehicles). Property claims also concern the division of family debt (including mortgages, lines of credit and credit card debt). Under our provincial legislation, the Family Law Act, you have a limited period of time in which you can make such claims. Missing the time limit means your property rights are lost. This isn’t something a lawyer can fix after the fact, so pick up the phone the minute you think you have separated or may be separating. Meet with a member of Top Choice Awards Best Family Law Firm.
A Vancouver BC Separation Property Division Lawyer at our firm can meet with you at a nominal cost for 30 minutes and set you straight on your rights and obligations.
BC Separation Property Division Lawyers Time Limits Alert
Under s. 198(2) of the Family Law Act, property claims must be brought by married spouses within two years of the date of divorce. A divorce occurs when a formal divorce order is made by a judge. A divorce must be applied for and will not be granted unless the spouses have been living “separate and apart” for one year prior to the application for divorce.
Property claims by non-married spouses previously living in a marriage-like relationship, must be brought within two years of the date of separation.
For a discussion on the meaning of “spouse,” “separate and apart,” “living in a marriage like relationship” and “separation”, please see my companion the blog Vancouver Family Separation Lawyers.
Family Dispute Resolution By BC Separation Property Division Lawyers Can Impact Time Limits
The running of these time limits is suspended during any period in which persons are engaged in family dispute resolution with a family dispute resolution professional, such as a lawyer. To be safe we recommend you act immediately to obtain legal advice and to commence a claim if you have any doubts at all. Delay can be financially fatal.
In the even that you have missed the two limitation period, you still have an opportunity to pursue so called “equitable remedies” such as “unjust enrichment” and “constructive trusts”. These are complex legal claims that can also be pursued by spouses who have made claims within the two year limitation period.
Don’t be someone to whom the phrase “you snooze you lose” applies. You deserve the best standard of living moving forward. Let us help you to ensure nothing is left on the table in any family property negotiation or court action.
