“He wants to move the money—what should I do?”
Separation and divorce reveal a person’s true character. There’s an old saying: You never really know someone until you divorce them. In BC, it’s all too common for one spouse to secretly transfer or hide family assets when the relationship breaks down. If you suspect this is happening, don’t wait—here are the top legal steps you can take to protect yourself and your children.
Three Key Ways to Protect Family Property in BC
The Family Law Act and other BC laws give you three powerful tools to safeguard your assets:
1. Land (Spouse Protection) Act Registration
When does it apply?
If your primary family home is registered only in your spouse’s name (not joint ownership), you can register a “spousal home charge” under the Land (Spouse Protection) Act. This blocks your spouse from selling or mortgaging the home without your consent.
How do you register?
Ask your family lawyer to file the charge at the Land Title Office. You don’t need to notify your spouse in advance.
Who is eligible?
- Married spouses, or
- Common-law partners who have lived together for at least 2 years
Pros:
- No need to file for divorce first
- Quick and low-cost
- Freezes the home from being sold or borrowed against
Cons:
- Only protects your family home, not rental or commercial property
- You must register within 1 year of moving out
How long does it last?
- Until you remove it, or
- Until divorce is finalized
If your spouse dies, you must apply to court to remove the charge.
2. Certificate of Pending Litigation (CPL)
What is a CPL?
A CPL puts a public “hold” on any real estate you have a legal claim to, including rental, commercial, or investment property.
When can you use it?
Once you start a court action for divorce or property division, your lawyer can register a CPL on any property your spouse owns (even if it’s through a company, as long as your spouse is the sole director/shareholder and the company is family property).
Key points:
- CPL can be registered without telling your spouse first
- The Land Title Office will notify your spouse after the fact
- Even on jointly-owned land, you can and should register a CPL, because one spouse can mortgage or sever their interest without the other’s permission
Pros:
- Covers all types of real estate
- Stops refinancing, selling, or transferring the property
Cons:
- Doesn’t apply if your spouse only owns shares in a company that owns the property (unless your spouse owns the land directly)
3. Property Freezing Order (S. 91 Asset Restraining Order)
What is it?
A court order to immediately freeze your spouse’s bank accounts, investments, or other assets so they can’t transfer money out of reach.
How do you get it?
- File for divorce in Supreme Court
- Swear an affidavit showing there is real risk your spouse may try to transfer or hide assets
- Ask the judge for a freezing order (can often be granted without notice to your spouse for urgent cases)
How does it work?
- The court order is sent to banks or financial institutions, who must freeze the assets immediately
What about overseas property?
- If your spouse has assets outside BC (e.g. in Hong Kong, Taiwan, or the US), enforcing the order can be tricky
- You may need a worldwide injunction and a local lawyer in that country to enforce the BC order there
FAQ: Common Questions About Protecting Family Assets
Q: Can we sell the house if there’s a CPL registered?
- Yes, if both spouses agree. The sale proceeds are held in a lawyer’s trust account until a final agreement or court order decides how to split them.
- If one spouse objects, the court decides whether the property can be sold.
Q: Is money held in a lawyer’s trust account safe?
- Yes. No funds can be released without a signed agreement or court order.
Q: Should I get help immediately if I suspect asset transfer?
- Absolutely. If you see any signs your spouse is moving assets, speak to a family lawyer right away to avoid losing your fair share.
Professional Insights and Action Steps
1. Be proactive, not passive.
- Don’t wait until it’s too late. The earlier you act, the better your chances of protecting what’s rightfully yours.
2. Document everything.
- Gather bank statements, property records, and any evidence of suspicious transfers.
3. Talk to a family lawyer.
- Get specific legal advice tailored to your unique situation.
4. Remember your children.
- Divorce is never your child’s fault. Don’t badmouth your ex in front of your kids. Protecting family assets is about securing their future, too.
Words of Wisdom
Marriage is a partnership, but divorce means looking after yourself—and your children. Protecting your property isn’t selfish; it’s smart. Be alert, be assertive, and don’t let your guard down during this crucial time.
Divorce is hard on everyone. But the earlier you protect yourself, the better your new beginning will be.
Contact George Lee Law for Family Asset Protection
If you’re worried about your spouse transferring assets or hiding money, we can help:
- Register spousal home charges and CPLs
- Apply for court freezing orders
- Advise on international asset protection
- Safeguard your financial future
Languages: English, Mandarin Chinese, Cantonese
Phone: 604-681-1611
Email: info@gleelaw.com
Website: gleelaw.com
This article offers general information about family asset protection in BC. For specific advice, consult a qualified BC family lawyer as soon as possible.
