Is a party who jointly invests in property entitled to divide the proceeds from the sale of the property prior to paying the unequal acquisition debt?
British Columbia, Canada
The following excerpt is from Moores v. Berg, 2016 BCSC 537 (CanLII):
A further example of this treatment of parties who jointly invested in property is the case of Brewer v. Hanoski, 2015 BCSC 2186. There, the court found that dividing the proceeds from the sale of property prior to paying the unequal acquisition debt would be unjust. That case is not distinguishable on its conclusion from the case at bar.
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