When a spouse's assets are not family assets, is one of the spouses entitled to an equal division of assets?
British Columbia, Canada
The following excerpt is from Lam v. Chiu, 2008 BCSC 1177 (CanLII):
When considering all of the circumstances concerning the economic independence and self-sufficiency of the spouses following a separation, and whether or not an equal division is unfair in all of those circumstances, assets held by one of the spouses that are not family assets may nonetheless, be taken into account, where appropriate: Whittall v. Whittall (1987), 19 B.C.L.R. (2d) 2002 at 218 (S.C.).
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