Property division is typically one of the more contentious topics during a separation or divorce in British Columbia. After separation, couples often wonder, “How long after separation can you claim assets in BC?”
Unfortunately, there isn’t a quick and easy answer. It depends on whether you and your ex-partner were married before going your separate ways.
However, you must act quickly to claim assets in BC following a separation or divorce. Section 198(2) of the Family Law Act has clear guidelines in place when it comes to property division.
Discover how long you’ll have under the Family Law Act to claim assets in British Columbia below and avoid missing the deadline.
The Timeframe for Unmarried Couples in British Columbia
If you weren’t married to your partner before a breakup, you might not think property division applies to you, but it could. In British Columbia, unmarried couples that have either lived together for two years or lived together for any length of time while sharing a child maintain almost the same rights as married couples when they separate.
For these unmarried couples, the answer to the question, “How long after separation can you claim assets in BC?” is two years from their date of separation. Therefore, these couples must designate their date of separation from the moment they choose to break up.
The Timeframe for Married Couples in British Columbia
If you were married to your partner before eventually separating and starting the divorce process, property division and the division of debts will typically apply to you. In British Columbia, married couples must seek a divorce order to officially end their marriages when they no longer wish to remain together.
For these married couples, the answer to the question, “How long after separation can you claim assets in BC?” is two years from the date they received their divorce orders. However, they may want to attempt to claim them much sooner to prevent the divorce process from dragging out.
How To Claim Assets in British Columbia After a Separation or Divorce
Whether you were married or unmarried before separating from your partner, consider trying to claim assets in British Columbia as soon as possible. You may do this within the designated limitation period by applying to have the BC Supreme Court help divide your property.
Before you do, reach out to a British Columbia divorce lawyer for assistance. They will lend a hand as you look to claim assets. They will also advise you on any excluded property that you may not be able to claim as part of this process.
If you claim assets in BC without a lawyer’s help, you might not receive a favourable outcome. You could limit your ability to claim assets and make your separation or divorce even more stressful than it already is.
Learn More About Property Division in BC by Calling Us
Are you still a little confused after hearing the answers to the question, “How long after separation can you claim assets in BC?” The family lawyers from Pier Law & Mediation would be happy to explain the answers further to you.
Our warm and welcoming legal professionals will also help you throughout the property division process in British Columbia to ensure you know what to expect. Additionally, they will guide you through other aspects of a divorce or separation and employ the right legal strategies.
Touch base with us today by calling 604-560-8285 or filling out this brief form to gather more information on our services.
