What is the test for equal division of the matrimonial home?

British Columbia, Canada


The following excerpt is from M. D. v. P. D., 2008 BCSC 1305 (CanLII):

The question within section 65(1)(c),(e) and (f) of the Family Relations Act is whether an equal division of the matrimonial home would be unfair, having regard to the date when the property was acquired, the needs of each spouse to become or remain economically independent and self sufficient, and other circumstances relating to the acquisition, preservation, maintenance or use of the property. The matrimonial home is the only asset of real financial significance to the parties and the defendant should be deprived of his interest only to the degree necessary to address the factors identified in section 65(1)(c),(e) and (f) (Kaur v. Ram, 2006 BCCA 527 at para. 23, 34 R.F.L. (6th) 59). The plaintiff must prove why equal division would be unfair.

Other Questions


What is the effect of a 1972 matrimonial home agreement on the equalization of equal shares? (British Columbia, Canada)
What is the effect of a long-term partner’s claim for equal division of the matrimonial home? (British Columbia, Canada)
In what circumstances will the court focus on the payor's income and assets that have not been included in the equalization or division of matrimonial assets? (British Columbia, Canada)
Does a formal offer to settle a claim against a plaintiff be apportioned costs based upon division of liability based upon a division of costs based on division of liabilities? (British Columbia, Canada)
Is one spouse’s contribution to the purchase of a home sufficient to cause an equal division under s. 95 of the Family Benefits Act? (British Columbia, Canada)
How is a 64/36 division of the matrimonial home determined? (British Columbia, Canada)
In what circumstances will the court order a division of assets in the absence of an equal division? (British Columbia, Canada)
What is the appropriate date for a valuation of a matrimonial home? (British Columbia, Canada)
Can a variation of an order regarding distribution of matrimonial home proceeds be varied based on subsequent events? (British Columbia, Canada)
What is the test for apportioning equity between a husband and wife in a matrimonial home? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.