How have the courts in B.C. dealt with division of assets in a long-term marriage?
British Columbia, Canada
The following excerpt is from Hill v. Camfield, 2008 BCSC 1874 (CanLII):
Counsel for the plaintiff relied on the judgment of Mr. Justice Lambert in Murchie v. Murchie, (1984), B.C.J. No. 1582, at para. 32, where he said as follows: In a comparatively short marriage of one or two years, the fact that an asset was brought into the marriage by one of the spouses, and not created by the joint efforts of the spouses would be a reason why equality of division of that asset in that marriage would be unfair. But parties marry in contemplation of each others assets, and by entering marriage, they give up opportunities of doing other things. In my opinion, when two people, in their 40s marry, and stay married for the length ever time which the parties have stayed married in this case, it is not unfair that both spouses should share equally in the assets brought into the marriage by each of them.
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