Given the pleadings, it is perhaps instructive to underscore what this marital property application is not about. This is not a case where the non-bankrupt spouse (the wife) seeks under the marital property regime a greater share of any remaining marital assets by reason of greater exposure to marital debt because of the other spouse’s (the husband’s) bankruptcy. (See: Marital Property Act, s. 7; Schreyer v. Schreyer 2009 MBCA 84 at para. 57; But see Schreyer v. Schreyer, supra (SCC) at para. 23).
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