YLaw - Family Law Firm Vancouver & Surrey, BC Lawyers. Divorce, Children & Common Law. Asset & Debt Division, Spousal & Child Support. Settlements, Appeals & Agreements. Estate, Corporate & Immigration Litigation. | HQ: 410-1122 Mainland St, Vancouver, BC V6B 5L1

Property Division Lawyers in Vancouver and Surrey

Our BC Property Division Lawyers know that dividing your marital property often means parting with half of your assets, some with vivid memories and emotions attached. There are however many ways to divide family property in ways that will not necessarily mean you have to lose half. Our award winning lawyers will find exceptions and creative ways to ensure you keep the property you deserve after separation. We achieve this through our collaboration, brainstorming and pushing the limits of the law.

Our firm recently set precedent in British Columbia by having the judge order 80% of property in favour of our client. 

What is Property Division in BC?

  • Property division in BC means that under the BC Family Law Act, your family property & debt is often split equally between you and your spouse unless you can prove significant unfairness of this arrangement. Family property is often what accumulates during the cohabitation and marriage, not what accumulates before or after cohabitation or marriage.
  • Our firm has cutting edge knowledge of how this new law affects our clients and can identify cases in which application of such law would be deemed unfair by the court. We strategize tactics for minimizing allocation of debt acquired by your spouse and for maximizing your receipt of family properties such as real estate, businesses, pensions, investments, household items and many other assets. Learn more

What is Excluded Property?

Certain types of property are excluded under the BC Family Law Act. Excluded property generally refers to property:

  • you owned before you married,
  • inheritance,
  • gifts,
  • injury settlements or awards and insurance payments for non-property-related damages; and
  • much more. 

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Equal Division & Unequal Division of Family Property & Debt

The BC Family Law Act equal-split provisions apply in most situations. However, a spouse may be entitled to more than 50 percent of the family property and less than 50 percent of debts if equal division would be significantly unfair. Factors to consider include length of the marriage, agreements made between the spouses, career contributions made by a spouse, circumstances upon which the spouse acquired the debt, whether the debt exceeds property value, devaluation of property value by the spouse and tax liability resulting from property sale.

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Business Division

A business is typically categorized as family property. However, dividing a business comes with several unique challenges and considerations. For example, should you pursue half the value or half the shares? How do you determine the business’s value? What are the tax implications of the choices you make? YLaw Group guides you through the answers to these complex issues.

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Real Estate Division

Your rights regarding real estate division depend upon the type of property at issue (for example, marital home, commercial property or rental property). Your marital home is generally divided 50/50, and its value is established at the time of your trial. You can recoup post-separation expenses through an agreement with your spouse regarding who pays the mortgage and who lives in the home until your divorce. Commonly, you can divide the home by selling it and dividing the equity or one party can buy out the other.

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Taxes

While strategizing your property and debt division, you should consider the tax implications at the time you divorce and well into the future. For example, our lawyers include anticipated tax liability in valuations of real estate, businesses, investments and RRSPs.

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Consult With an Experienced Property Division Lawyers in BC

Family law is our focus at YLaw . Consult with our dedicated Property Division Lawyers about obtaining an equitable division of your marital property.

To set up a consultation with our award-winning firm, call us at 604-974-9529 or get in touch.

 

Our Lawyers

Leena R. Yousefi

Leena R. Yousefi

CEO | Lawyer | Mediator

Trudy Hopman

Trudy Hopman

Family & Estates Lawyer | Mediator, Arbitrator & Parenting Coordinator

Ari Wormeli

Ari Wormeli

Partner | Family Lawyer

William DeWolf

William DeWolf

Associate Counsel

Mandy Lai

Mandy Lai

Family Lawyer | Mediator

Michelle Yau

Michelle Yau

Immigration Lawyer

Abib Ngom

Abib Ngom

Partner | Family Lawyer

Jasmeet Mangat

Jasmeet Mangat

Partner | Family & Estates Lawyer | Legal Coach

Karen Tiwana

Karen Tiwana

Family Lawyer | Estate Litigation Lawyer

Susan Justice

Susan Justice

Family Lawyer | Legal Coach

Ramanjot Dahia

Ramanjot Dahia

Family Lawyer | Estate Litigation Lawyer

Dana M. Rogers

Dana M. Rogers

Family Lawyer | Estate Litigator

Alex Wang

Alex Wang

Family Lawyer

Harry Saini

Harry Saini

Family Lawyer | Civil Litigation Lawyer

Kathryn Panton

Kathryn Panton

Family Lawyer | Mediator | Legal Coach

Raman Sehmbi

Raman Sehmbi

Collaborative Family Lawyer | Mediator

Raumina Rezai

Raumina Rezai

Articling Student

Omid Raoufian

Omid Raoufian

Articling Student

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