B Block Legal Studies - After today there is ONE (1) class remaining in the learning commons to complete your civil litigator project. First, we'll start in the class, looking at family law and today our focus is on the matrimonial home along with the division of assets and liabilities.
The guiding principle for division of assets and liabilities is the “equal division rule” FAMILY LAW ACT [SBC 2011] CHAPTER 25.s.81 (
Equal entitlement and responsibility) There should be an equal share of "family property" distributed between spouses at the end of a relationship. The general rule is that family property and family debts are divided 50/50 upon separation. If an equal division of family property and debts causes significant unfairness, judges can provide one spouse with a larger share of the family property. The contributions of both spouses – even if one does not earn and income and is a stay at home parent – are treated with equal importance. An equalization payment is the difference between the net value of assets between former spouses.
You may seek an unequal division of assets – connected to the new changes in the BC Family Relations Act (2011). If you bring into a marriage: a financial gift or inheritance; property acquired before or after the relationship; damage awards and insurance proceeds with some exceptions; and or some kinds of trust property…the initial amount is not divisible - only the increase in the value of the asset during the relationship is divisible. Whether an asset was ordinarily used for a family purpose will not be relevant in deciding if it is family property. The property division scheme applies to all married spouses, as well as to unmarried spouses who have lived in a marriage-like relationship for at least two years.
Liabilities (debt) are also equally divided. The starting point is that all debts incurred by either spouse during the relationship are to be equally divided (the date is either the beginning of the cohabitation period or the date of marriage). Family debts include mortgages; loans from family members; bank lines of credit or overdrafts; credit cards; income tax; and repair costs. It does not matter whose name the debt is in, both spouses are equally responsible for family debt, whether they are married or in a common-law relationship.
The Matrimonial home is where both spouses lived together while they were married. It does not matter whose name is on the legal papers each spouse has an equal right to the matrimonial home.
There is a time limit to apply for court order: If you were married, you must apply to divide property within two years after you get an order for divorce. If you were living in a marriage-like relationship for at least two years, you must apply within two years of the date you separated. For more check out:
C Block Social and Environmental Sciences - We'll head to the library for you to continue working on your interview / local environmental issue assignment. While this is happening Benton and I will continue conducting our interviews with you. We will ask for volunteers (rather than voluntolds), we have three people ready to go right away this morning. Remember Benton and I asked you to find out as much as you can about a local environmental issue or group. The goal of this assignment is for you to find solutions to the local environmental issue you have defined by either discovering what a local group is doing to address the issue or through researching about community action regarding your issue. Benton and I will conduct an interview with you structured around a W5H approach (who, what, when, where, why, how). Remember you're looking at groups who are trying to solve an environmental issue. Consider the following questions:
1. Which do you think is the best way to address this issue in your community, community action or public policy
2. What are the advantages of this solution? What are the disadvantages? You will need to be able to address the disadvantages, as well.
3. List some influential individuals or groups who might be willing to support your proposal.
4. How might you be able to win the support of some of these individuals or groups?
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