Best Child Custody Lawyers in Vancouver, BC

Who Occupies the Family Home Before a Divorce Decree is Issued? When a couple goes through a divorce, many uncertainties commonly arise, including with respect to how the couple’s property and finances will be divided. While some couples go their separate ways amicably and resolve all such matters on their own, many couples require the assistance of the courts to determine the appropriate division of property. Often, the home where the couple resided before their split, known in family law circles as “the matrimonial home” or the “family residence,” is a matter of significant dispute. This raises the question: who is allowed to live in the matrimonial home while the couple goes through the divorce process? Should they live in the home until the courts decree a final order? Should both people vacate the home in anticipation of an order? What if both parties want to remain in the home, but each wants to ensure that the other party does not reside there? Many of those questions are answered in the recent decision of the British Columbia Supreme Court in Gallant v Layco.