What is the effect of the husband's pre-marital savings on the purchase of a second home?

Alberta, Canada


The following excerpt is from Labanic v. Labanic, 2000 ABQB 667 (CanLII):

Part of the dispute comes from the manner in which the first matrimonial home was purchased. It was sold at a profit and its proceeds, along with some other funds, went into the purchase of the second home. The husband maintains most of the down payment for the first home came from his pre-marriage savings, that these can be traced, and thus he should have an exemption. The wife relies on Harrower v. Harrower and argues the husband has not complied with the tracing rules as set out in that case. This position is supported to some extent by the evidence or perhaps the lack of evidence. The husband cannot trace premarital money into the house in any specific terms. The only evidence was from the testimony of the parties. Some money likely went into the home and some was likely used for furnishings, landscaping and other expenditures. There is no formal evidence of any of this.

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