What is the test for establishing that a family bank account is not used ordinarily for a family purpose?
British Columbia, Canada
The following excerpt is from Telep v. Telep, 2012 BCSC 2092 (CanLII):
The respondent in this case has the onus of proving that the bank account was not used ordinarily for a family purpose: s. 60; Margolese v. Margolese, 1980 CanLII 2993 (BC SC), [1980] 2 W.W.R. 723 (B.C.S.C.), affirmed on other grounds, (1981), 1981 CanLII 534 (BC CA), 24 R.F.L. (2d) 176 (B.C.C.A.).
Savings during the marriage for retirement income may be a family asset (although not necessarily); savings before marriage might not be: Graff v. Graff (1987), 1987 CanLII 2490 (BC CA), 19 B.C.L.R. (2d) 234 (C.A.).
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