How is the net asset value of a broken-up marriage calculated when the parties agree the total family debts as at least as at the time of separation are to be deducted from the total assets?
British Columbia, Canada
The following excerpt is from Mohajeriko v. Gandomi, 2009 BCSC 393 (CanLII):
The parties agree the total “family” debts as at separation are to be deducted from the total family assets before the net asset value is divided, in some proportion, between them. Fairness requires that both assets and debts be considered upon the breakdown of a marriage, in recognition that spouses jointly contribute to not only the accumulation of assets, but also to debts incurred for family-related costs: Stein v. Stein, 2008 SCC 35, 57 R.F.L. (6th) 241.
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