What factors under section 65(1)(f) of the Rules of Apportionation under s. 65(2)(f), when a spouse's contribution to the value of an interest in P.S. Ltd. during the last three years of their marriage?
British Columbia, Canada
The following excerpt is from G.C.H. v. K.B.H., 2003 BCSC 712 (CanLII):
None of the other factors under section 65 seem to me to be pertinent. The petitioner submits that: One consideration under s. 65(1)(f) is where the value of an asset is acquired by one spouse towards the end of a relationship, and its value is increased by the greater contributions of that spouse. In those circumstances, reapportionment in favour of the owning spouse is appropriate. Enz v. Enz, [1996] Civ. L.D. 524 (B.C.S.C.), para. 12 In the circumstances of the present case, consequently, the petitioner’s greater contributions to the increase in the value of the interest in P.[…] Ltd. during the last three years of the parties’ marriage, and after their separation, militates in favour of reapportionment in favour of the petitioner. I have already addressed why I think that analysis is flawed.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a three year hiatus from school constitute a three-year hiatus for a child of the marriage to be reinstated as a Child of the Marriage? (British Columbia, Canada)
How much contribution has each spouse made to the value of a house in the first few years of their marriage? (British Columbia, Canada)
How is the court likely to consider each spouse’s contribution to the accumulation of family property under s. 95(2)(c) of the BC S. 65(1)(f) in determining the value of the spouses’ assets? (British Columbia, Canada)
In what circumstances will one spouse receive 20% of the value of a family asset when the other spouse has contributed little or nothing to the acquisition of the property? (British Columbia, Canada)
When one spouse excludes property that is real property, is that a spouse entitled to an undivided half interest in the increased value of the property? (British Columbia, Canada)
In what circumstances will one spouse receive 10% or 20% of the value of a family asset when the other spouse has contributed little or nothing to the acquisition of the property? (British Columbia, Canada)
What is the effect of Rule 30 of the Rule 40A of the Rules of Civil Procedure on an application for a medical examination that comes three weeks before trial? (British Columbia, Canada)
What are the consequences if one spouse fails to disclose the existence and true value of assets to the other spouse during marriage negotiations? (British Columbia, Canada)
What is the value of the contributions made by the spouses to the other spouse after the separation? (British Columbia, Canada)
What is the test for moral claims in a second marriage where the deceased and surviving spouse are married and the surviving spouse has adult children from their first marriage? (British Columbia, Canada)
