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
The following excerpt is from Drake v. Drake, 2009 BCSC 1815 (CanLII):
In Wallace v. Wallace, [1999] B.C.J. No. 2019 at para. 11, Low J. (as he then was) suggested the following: … Where the marriage (including any period of pre-marriage cohabitation) was five years or less and one spouse contributed little or nothing to the acquisition of the family asset being considered, in the absence of special circumstances, that spouse will receive 10% to 20% of the asset.
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