Does the intention of the parties to transfer excluded property from one spouse to another constitute a gift?
British Columbia, Canada
The following excerpt is from Higgs v Lear, 2020 BCSC 194 (CanLII):
In Venables v. Venables, 2019 BCCA 281, the court confirmed that the intention of the parties is a key consideration in deciding whether a transfer of excluded property from a spouse to another remains excluded property or was a gift. Following earlier authority from that court (V.J.F. v. S.K.W., 2016 BCCA 186 and Namdarpour v. Vahman, 2019 BCCA 153), the court held:
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