Legal Question in Family Law in Canada
I am in the process of getting a legal separation from my husband. I will be looking to purchase a home soon, can I go ahead and but a bid on a house even though the separation is not finalised. My concern is that he can still come for half of the new purchase?
1 Answer from Attorneys
As noted on the LawGuru website questions directed to this lawfirm must be answered with reference to British Columbia law. The law varies from Province to Province and may not be the same in other Provinces or Territories.
In BC there is no such thing as a "Legal Separation"; there are agreements whcih provide for various things such as asset division, custody, support, rights in each others' estates and so on, called "Separation Agreements" and various types of Court orders which provide for an orderly untangling of affairs.
In BC, you may buy a house before the p[rocess of ending the relationship is completed, but if you use funds that the other party has a claim on, or if you do not have sufficient money left to pay what the Court orders, the other party can claim against the new asset. This is not the same as dividing an asset acquired during the relationship; such assets are usually but not always divided 1/2 and 1/2 by the Courts.
Please see a lawyer for more complete advice that is specific to your situation.