Is there a presumption of equal sharing of marital property upon separation?
New Brunswick, Canada
The following excerpt is from LeBlanc v. LeBlanc, 2017 NBQB 222 (CanLII):
There is a “strong presumption” of equal sharing of marital property upon separation. But, this is a peculiar case: … Common exceptions to equal division result from peculiar circumstances: dissipation of assets; unequal contribution; short, second or late marriage and inherited property. … (Yorke v. Yorke 2011 NBCA 79 at para. 19)
"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 the presumptive nature of the marital property legislation apply to the provability of the family property claim in bankruptcy? (New Brunswick, Canada)
In what circumstances will a husband and wife be able to divide the assets of their jointly owned property in equal division? (New Brunswick, Canada)
When a separated spouse is a custodial parent of a child, is the separated spouse considered to be a party to a claim of hardship? (New Brunswick, Canada)
What triggers a triggering event under the Marital Property Act? (New Brunswick, Canada)
Is a motion for an order to separate liability and damages separate from a motor vehicle accident trial? (New Brunswick, Canada)
What is the marital property application? (New Brunswick, Canada)
Can a property owner with a multi-use building whose property is a non-conforming use, move his tenants about the building without PAC approval? (New Brunswick, Canada)
Are stock options that are not exercisable by the end of the marriage marital property? (New Brunswick, Canada)
Does a separation constitute a marital status under s. 15(1) of the Charter? (New Brunswick, Canada)
What is the test for granting shared custody of a child? (New Brunswick, Canada)
