Is a pension fund excluded from the division of family property?
British Columbia, Canada
The following excerpt is from Hasselwander v Ludvigson, 2018 BCSC 1814 (CanLII):
In the absence of evidence which is less than certain or precise I am able to draw reasonable inferences from the evidence in determining whether property is excluded property (see Shih v. Shih, 2017 BCCA 37 at para. 44). Although there is no direct evidence that when the oral agreement regarding division of family property was made the parties discussed pension funds, I infer that the parties intended that pension funds would not be subject to division.
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