How Property Is Conserved During a Marriage
Property in the real world is what comes with or directly with something, be it an entity or as an integral part of that entity. With that being said, it also stands to reason that the very concept of property is absolute. The law of property is absolute in the sense that there is no way around it, and if you will try to make a claim against the same, it would instantly become void in the eyes of the law. However, all that may not always be the case. You see, in some cases, where there are disputes over the ownership of a particular asset, or over the value of said asset, the court is willing to look the other way.
In some cases, where there are disputes over possession of a particular asset or even over its value, the courts are more than happy to look the other way. Take for instance, a couple who got married in the church and then later got divorced. Under the community property law, which applies in Canada, a community property would mean that the couple own their separate property together, with communal access to the separate property. However, the court may find that the couple has only joint interest in the property, and therefore, there is no need to have separate property. The court can still award the couple joint tenancy of the property. Or it may find that the couple is not entitled to separate property because they have entered into a marriage contract and are now legally wed, even if that was not the intention at the time of getting married.
In this case, the parties to the marriage would still own separate property, but they would have the right to live in the marital home. If they wish, they can live apart from one another. It does not matter whether they live together or not, as long as they are living under the same roof. If they wish to separate, they must do so voluntarily, by deciding that they are ready for a divorce. In the case of a domestic partnership, the courts are likely to find that you are both equally responsible for managing your separate properties, and therefore, the courts will not make a decision regarding the splitting of assets in favor of one of the partners.
In the event that a judge decides that a marriage is a real marriage, and the couple to be married share property, there is a chance that the court could award assets to the husband and the wife, instead of to one of the spouses. There is nothing in the community property law that says that one of the spouses has to share assets with the other. In the case of a domestic partnership, the courts are more likely to find that the couple has a comparable situation to that of married couples, and so the assets will be shared. In this case, community property is applicable.
When two persons enter into a marriage contract and choose to be married, they become legally obligated to respect and maintain the legal obligations that they enter into when they get married. This means that they have to live in a house together, which is considered to be their separate property. The same goes for when two persons enter into a domestic partnership and decide to marry, they are still legally obligated to respect their individual and separate property, but as long as the relationship remains legally valid, they will both have equal rights to manage and control their individual property. However, if they decide to end their marriage, and they and their domestic partners no longer wish to remain legally separate, then they will both need to respect each others’ rights to their separate property.
In the event that one of the spouses has filed for divorce, the property that was acquired during the marriage is split between the two parties based on the type of property that each of them had during the marriage. If the court agrees to the division of assets, it will look at what each party contributed to the marriage, and how much each of them contributed during the time that the marriage was valid. In the case of a domestic partnership, both parties will receive a percentage of the assets that were acquired during the time of the marriage, regardless of who got what first. The court may also divide up the money and assign a small amount to each party based on how much each of them was contributing during the marriage.