When we marry, the property community regime will settle the property relationship between you and your spouse – both during marriage and at the event of his or her divorce. The family law appeals lawyer ottawa will share with you some interesting information on the division of belongings between spouses and knowing how to protect yours.
It is good to know that there are three modes of property relations between spouses:
- community law regime.
- legal mode of separation.
- negotiated mode.
Marital Property Community
The Community law regime (matrimonial property regime) applies when married, and you and your spouse have not chosen property regime.
Under the regime, the things and rights over them that both spouses husband acquired during the marriage as a result of “Joint contribution” as spouses belong to both of you. In other words, everything we acquire during our marriage becomes common – the apartment, the car, etc.
The contribution can be not only investment, but also childcare, domestic work and more. For example, the spouse goes to work and makes money, and the other spouse takes care of the children, care for them during the day, care for their upbringing, and generally contribute to the family in an intangible way. Such joint contributions can be both money and childcare and household care. The important thing is that both contribute something to the acquisition of the thing. And so it will be common.
What about the other two modes of property relations?
Legal Divorce Mode: If the spouses decide to choose this regime of property relations, everything they acquire during the marriage is theirs. Whatever she/ he purchases, even when it is during marriage, remains theirs after divorce.
Marriage contract: One can settle their property relations with the spouse and marriage contract. However, for this we need to be adults. With a marriage contract we can only settle property rights (whose belongings and property) and we cannot agree on who will clean the apartments, who will shop, who will look after the children, etc.
The matrimonial property regime applies only to things we acquired during the marriage. That means everything you have acquired before marriage is yours. In addition, if acquired property during the marriage (by inheritance), then it is again your personal property. For example, if you bought a car before you got married, your partner would have no claim on it. He/ she can have no claim to any property that you received during the marriage by inheritance from relatives.
The same applies to things that serve for personal use or for the pursuit of a profession / craft. If you are a lawyer, you need your textbooks, and collections to practice your profession. So your partner can’t take them for you.
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