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In This Volume

  • 90 (1) For the purposes of this section, “family residence” means a residence that is
  • (a) owned or leased by one spouse or both, and
  • (b) the ordinary place of residence of the spouses.
  • (2) The Supreme Court may make an order granting a spouse, for a specified period of time,
  • (a) exclusive occupation of a family residence, or
  • (b) possession or use of specified personal property stored at the family residence, including to the exclusion of the other spouse.
  • (3) An order under this section does not
  • (a) authorize a spouse to materially alter the substance of the family residence or personal property,
  • (b) grant to a spouse a proprietary interest in the family residence or personal property, or
  • (c) subject to subsection (4), grant to a spouse any right that continues after the rights of the other spouse, or of both spouses, as owner or lessee are terminated.
  • (4) If an order has been made under subsection (2), the Supreme Court may
  • (a) order that the right of a spouse to apply for partition and sale of, or to sell or otherwise dispose of or encumber, the family residence or personal property
    • (i) be postponed, and
    • (ii) is subject to the order made under subsection (2), and
  • (b) change the order made under subsection (2).
  • (5) Nothing in this section prevents the filing of an entry under the Land (Spouse Protection) Act.

2011-25-90, effective March 18, 2013 (B.C. Reg. 131/2012).