Interim property division orders in British Columbia

Before an agreement has been reached or prior to a case having received final property division orders, situations sometimes arise that necessitate a temporary order dividing certain types of property until the divorce case is resolved. In order to facilitate such matters, provincial law allows either spouse to seek an interim order regarding property division while the case is still pending.

The Family Law Act provides that an order may be sought in order to secure funds to pay for family dispute resolution, to obtain information needed for a final division of property or to facilitate any other proceeding under the law. People may make application to receive a temporary order awarding one spouse the ability to remain in possession of the family home, to access and use certain property at the home or to take temporary possession of certain items of property.

People may also request a temporary order seeking protection of certain items of disputed property. Through such an order, the other spouse may be prevented from selling the property or otherwise altering it in a manner that could potentially harm the person’s interests in it. Orders may also prevent the other spouse from transferring ownership of the property into a trust for his or her own benefit.

Property division in divorces is often hotly contested. When the divorce involves complex assets, the issues involved may be even more volatile. Obtaining interim orders regarding unresolved property division issues while the divorce case is still pending are sometimes necessary in order to prevent a future unequal distribution of assets. People in these types of situations often choose to obtain the assistance of a family law lawyer.

Source: Family Law Act, “Division 3 — Before Agreement or Final Order is Made”, accessed on Feb. 11, 2015

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