Let me summarize that the case law reviewed concludes that where the appreciation in value of the family home is the sole consequence of a rise in market value, that the resulting windfall should be divided or shared equally by the spouses. The capital base theory which the petitioner seeks to justify as grounds for an unequal distribution is no longer a valid argument at law. (Farr v. Farr, 1984 CanLII 2754 (SCC), [1984] 1 S.C.R. 252).
"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.