When a couple gets divorced, the value of the family property – officially called the “family patrimony” – is usually divided equally between the spouses. But in some cases, it would be very unfair to divide the family patrimony equally between the spouses. In these situations, one spouse can ask for an unequal division.
An exception to the rule
The spouse who wants the family property to be divided unequally must do the following:
- Ask the judge in the divorce papers.
- Convince the judge that dividing the property equally would be very unfair.
Here are examples of when an equal division could be unfair:
- The marriage didn’t last very long.
- One spouse lost, wasted or got rid of property in an unacceptable way ( like losing it through gambling, or spending it due to a drug or alcohol addiction).
- One spouse acted in bad faith when it came to managing the couple’s finances (like not working when they’re able to, or racking up debts without telling their spouse).
The Judge’s Powers
If dividing the family property equally would be unfair, the judge has some options:
- Divide the family property unequally.
- Decide not to divide some property.
- Decide not to divide the family property at all.