What are the principles of Harrower (supra) when it comes to the distribution of matrimonial property?
Alberta, Canada
The following excerpt is from Beaudry v. Beaudry, 2010 ABQB 119 (CanLII):
Slatter J. in Lovich v. Lovich, 2006 ABQB 736, 64 Alta. L.R. (4th) 231 at paragraph 38 summarized the principles from Harrower (supra) with respect to exemptions as follows: 38 The Harrower decision stands for the following propositions: (a) an exemption will be maintained if exempt property can be traced into replacement property, but some tracing must be possible. (b) "Tracing can be inferred, implied or presumed." Physical or accounting precision in tracing is not required, as long as a fair connection between the exempt property and the replacement property can be seen. [Citations omitted] (c) if exempt property is dissipated, it loses its exemption. [Citations omitted] (d) the consumption or dissipation of exempt property does not create any "notional debt" that must be accounted for before the balance of the matrimonial property is distributed.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What are the circumstances in which execution/enforcement creditors obtained interest in the property of one spouse's property after the other spouse commenced an action for division of matrimonial property? (Alberta, Canada)
When a testator begins a matrimonial property action against his ex-wife for his undivided interest in their jointly owned duplex home, does the testator have a right to dispose of the property at the time he wrote the will? (Alberta, Canada)
What is the appropriate date for valuing matrimonial property for distribution? (Alberta, Canada)
Is there any case precedent that an unequal distribution of property is justified when matrimonial debt increases largely due to one spouse's inexplicable inaction? (Alberta, Canada)
What is the effect of retroactive spousal support on the distribution of matrimonial property? (Alberta, Canada)
What is the test for distributing matrimonial property equally between spouses? (Alberta, Canada)
In what circumstances will final orders for matrimonial property division be made in a chambers or special chambers hearing? (Alberta, Canada)
Does a son who is encouraged by his father to build a home at his own expense on the father's property have the right to call for conveyance of the property? (Alberta, Canada)
Is there a resulting trust where a non-titled party has contributed directly or indirectly to the acquisition by the title holder of the property or the improvement of such property? (Alberta, Canada)
What is the test for division of matrimonial property in the context of spousal support? (Alberta, Canada)
