What can I do if my spouse is hiding assets after separation in British Columbia?
This answer covers the law of British Columbia.
If you think your spouse is hiding assets, the court can order them to disclose financial information, and it can respond when they give incomplete, false or misleading information. The order can be made at any stage of a proceeding, and the information can only be used to resolve the family law dispute.
If a spouse does not disclose properly, the court may draw an adverse inference, require security, order payment of expenses, or make any other order. Where a spouse substantially reduced property value, or disposed of or converted property other than in good faith, the court may divide family property unequally. Property a spouse gave away can still be family property if they keep authority to require its return or direct its use.
In Supreme Court, a spouse claiming property or debt division must file a financial statement in Form F8, with income documents such as tax returns and notices of assessment. What counts as hiding assets, and which remedy fits, depends on your facts, so it is worth confirming your options with a lawyer.
Key takeaways
- A court can order a party to disclose information at any stage of a proceeding, and the information can only be used to resolve the family law dispute.
- If a spouse gives incomplete, false or misleading information, the court may draw an adverse inference, require security, order payment of expenses, or make any other order.
- A court may divide family property unequally where a spouse substantially reduced its value or disposed of or converted it other than in good faith.
- In Supreme Court, a spouse claiming property or debt division must file a financial statement in Form F8 with income documents attached.