How have courts in BC dealt with unequal division of the family home under s. 65(1) of the Divorce Act?
British Columbia, Canada
The following excerpt is from M.S. v. M.M., 2015 BCSC 1599 (CanLII):
In Wheeler-Clarke v. Clarke, 2009 BCSC 1421, the court, taking into account the husband’s greater contribution to the purchase of the matrimonial home, the relatively short marriage, and the husband’s need to become and remain economically self-sufficient, concluded that under s. 65 an unequal division of the family home in favour of the husband was warranted. Although the husband had also paid most of the expenses for maintaining the family home, the court applied Zaurrini and concluded this factor was offset by his rent-free occupancy of the home and receipt of rental income.
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