What is the current family property value of a home that was valued at the date of separation?
British Columbia, Canada
The following excerpt is from N. J. D. v J. M. K, 2021 BCSC 1159 (CanLII):
Family property is generally valued at the date of trial absent compelling evidence to depart from that date (Rudyak v. Bekturova, 2018 BCCA 414 at para. 35). The increase in equity in the former home arose due to market forces and reduction of the mortgage debt by the payments made by the respondent. The presumption, as noted earlier, is that the parties share in any post-separation increases in value of the Property, independent of the parties’ contributions to that increase (Jaszczewska v. Kostanski, 2016 BCCA 286 at para. 39).
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