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Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 96429
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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The question is related to the family law of BC, Canada) We

Customer Question

The question is related to the family law of BC, Canada) We separated 3 years ago, but have not made an agreement or anything on paper yet. On the separation 3 yrs ago, we split the money on our joint account. We each had $150K. She then used this money
($150K) as the down payment for a house. Now we will enter the official separation/divorce process, the first step will be asset division. 1. Can I claim this house as mentioned above? If the answer is yes, it brings up question#2. 2. IF she transferred the
ownership/title of this house to her mother recently, can I claim this house still? Thanks!
Submitted: 1 year ago.
Category: Canada Family Law
Expert:  Legal Ease replied 1 year ago.

There is no basis for your claim.

This asset was acquired after separation and it was acquired with money that you had already divided up so you have no claim to this house.

Expert:  Legal Ease replied 1 year ago.

I am puzzled as the site says you are waiting to hear back from me but I am not able to see any reply.

If you did reply please try again.

Customer: replied 1 year ago.
I found a link about "BC Family Law". Please take a closer look at the section of "The Trigging Events"
http://wiki.clicklaw.bc.ca/index.php/Basic_Principles_of_Property_%26_Debt_in_Family_LawTo my understanding, none of the four triggering events applies to us. So the house is still our common property.
Please correct me if I am wrong.Thanks!
Expert:  Legal Ease replied 1 year ago.

You are not correct. That article is talking about the old Act, as it states at the top of the page.

The new Act is the Family Law Act and pursuant to section 81 of that Act there only one triggering event and that is the date of separation.

Customer: replied 1 year ago.
I am studying the article now and a bit confused. I will see one or two local lawyers next week and keep you posted
Expert:  Legal Ease replied 1 year ago.

The law is complex but this issue is simple. It is not valuable to read this article though. It is telling you the differences between the old and new Act and you don't need to know the old Act.

Customer: replied 1 year ago.
FYI, here is the update. I talked with a local lawyer a moment ago.
Because we have not officially settled the asset division yet, even though we have split the joined GIC, each of our share ($140K) are still common property. And the capital gain from the common property is still common property. Hence, I can claim her house.
Please let me know if this makes sense?
Expert:  Legal Ease replied 1 year ago.

I don't know what you mean by capital gain but perhaps you mean the increase in value. Yes that makes sense.

Customer: replied 1 year ago.
I meant the increase in value. (sorry for my unprofessional wording)
Now we are back to the very beginning, you said "There is no basis for your claim.". I am puzzled why you said that.
Expert:  Legal Ease replied 1 year ago.

Sorry. I answered too quickly and did not read your full post. It's hard to access the full post when I'm on my iPhone which I am right now.

I still do not believe you have any claim to the increase in value of her house. This was acquired after separation and with money that is no longer family assets.

Customer: replied 1 year ago.
with money that is no longer family assets. "
To my understanding, the money (her share of the GIC, $150K) is still family assets, because
1. We have never settled asset division officially on paper yet, even though we separated 3 yrs ago.
2. We separated on Aug 15, 2012 when she moved out. We split the joint GIC on July 31, same year. As you mentioned, the triggering event is the separation date. So even though we split the joint GIC, each of our share should be family assets still.Do you think the above make sense?
Expert:  Legal Ease replied 1 year ago.

No because you agreed about that money and so had no further claim on it. You will be unjustly enriched if you are correct and that is now how the law works.

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