Can a spouse encumber a former family residence to facilitate an order pursuant to s. 89 of the Family Law Act?
British Columbia, Canada
The following excerpt is from Ren v. Emerson, 2017 BCSC 547 (CanLII):
With respect to the application pursuant to s. 89 of the Family Law Act for an interim distribution to fund counsel, it is possible, in appropriate circumstances, to order a spouse to encumber a former family residence to facilitate an order pursuant to that section. See, for example, McKenny v. McKenny, 2015 BCSC 1345 at para. 60.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In what circumstances will the BC Supreme Court of Justice order a further review order to order that an expert in economic forecasting of the economic circumstances of a separated spouse be reviewed? (British Columbia, Canada)
Does the consent order of 1981 consent order on spousal support issue order apply to a nominal support order? (British Columbia, Canada)
What is the test for a party seeking to change the date on which to value family property or family debt under the Family Law Act? (British Columbia, Canada)
How is the court likely to consider each spouse’s contribution to the accumulation of family property under s. 95(2)(c) of the BC S. 65(1)(f) in determining the value of the spouses’ assets? (British Columbia, Canada)
Can a third party resident of another province resident in another province be ordered to produce his or her records to a litigant? (British Columbia, Canada)
When a spouse's assets are not family assets, is one of the spouses entitled to an equal division of assets? (British Columbia, Canada)
Is a desk order pronounced on February 28, 2011 a dismissal of a request for a custody order and a support order? (British Columbia, Canada)
In what circumstances will one spouse receive 20% of the value of a family asset when the other spouse has contributed little or nothing to the acquisition of the property? (British Columbia, Canada)
In what circumstances will one spouse receive 10% or 20% of the value of a family asset when the other spouse has contributed little or nothing to the acquisition of the property? (British Columbia, Canada)
Can a court impute income to a spouse or former spouse under section 19 of the Income Tax Guidelines? (British Columbia, Canada)
