Can I Restrict My Spouse’s Access to Homes and Assets in a High-Stakes Divorce?

FAQs

Can I Restrict My Spouse’s Access to Our Homes and Assets During a High-Stakes Divorce Involving Family Violence?

Yes, in British Columbia, you can restrict your spouse’s access to shared homes and assets during a high-stakes divorce involving family violence. The Family Law Act (FLA) provides legal mechanisms to protect your safety and financial interests while ensuring a fair division of property. These measures include protection orders, exclusive possession orders, and other steps to limit access to homes and assets.

Legal Options to Restrict Access

Protection Orders

  • A protection order is issued to prevent your spouse from contacting or approaching you, your home, or your workplace.

If granted, the order may include:

  • Prohibitions on entering the family home or being within a specific distance of it.
  • Restrictions on accessing financial assets if financial abuse is part of the family violence.

Exclusive Possession of the Family Home

  • You can apply for an exclusive possession order, which grants you sole rights to live in the family home, regardless of whose name is on the title or lease.

The court considers factors such as:

  • The safety of you and your children.
  • The availability of alternative housing for both parties.
  • Whether exclusive possession is necessary to prevent harm.

Freezing Financial Accounts

To protect shared financial assets, you can:

  • Request the court to freeze joint accounts.
  • Notify banks to prevent unauthorized withdrawals or transactions.

Certificate of Pending Litigation (CPL)

  • File a CPL to prevent your spouse from selling, transferring, or mortgaging shared real estate during the divorce proceedings.

Restraining Orders on Asset Use

  • Courts can issue restraining orders to prohibit your spouse from using or disposing of specific assets, such as vehicles, investments, or business accounts.

Separation Agreements with Temporary Terms

Negotiate or seek temporary court orders to establish clear boundaries during the divorce process, such as:

  • Temporary spousal support or child support.
  • Clear divisions of who can access which assets until final decisions are made.

Evidence Needed to Support Your Requests

To successfully restrict access, you should provide evidence of family violence or the potential for harm, such as:

  • Police or incident reports.
  • Witness statements or affidavits.
  • Financial records showing unauthorized transactions or reckless spending.
  • Medical or counseling records documenting abuse.

Example in a Vancouver Context

A Vancouver resident files for divorce after experiencing physical and financial abuse from their spouse. They:

  1. Obtain a protection order to prohibit the spouse from entering the family home or contacting them.
  2. File a CPL to prevent the spouse from selling the jointly owned West Vancouver property.
  3. Request an exclusive possession order to secure the family home for themselves and their children.
  4. Notify their bank to freeze joint accounts, ensuring the spouse cannot deplete savings during the divorce process.

Practical Steps to Take

1. Seek Legal Counsel

  • Consult a family lawyer immediately to understand your rights and the best strategies to secure your assets and home.

2. Document Everything

  • Keep detailed records of incidents, communications, and financial activities to support your case.

3. File for Temporary Orders

  • Request temporary court orders to restrict access while the divorce proceedings are ongoing.

4. Secure Personal Valuables

  • Remove and safeguard important personal items, such as documents, jewelry, or other valuables.

Seek Legal Assistance

If you need to restrict your spouse’s access to your homes and assets during a high-stakes divorce involving family violence, consult Mills Family Law, experienced Vancouver family lawyers, for tailored legal solutions. We can help protect your safety and financial interests while ensuring a fair resolution. Call us at 778-945-3003 or fill out our web form to get started today.

Related FAQ

For more details, refer to the BC Family Law Act or consult a lawyer for personalized advice.

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