Family, Estates & Trusts 


Category: Family Property Division

Does a BC Family Law Claim Survive Death of a Spouse?

BC’s Family Law Act provides that, upon separation, each spouse has a right to an undivided half interest in all family property as a tenant in common, and is equally responsible for family debt. What happens if a spouse dies after separation but before family property issues have been settled? Does the deceased spouse’s claim […]

Court Rejects Daughters’ Claim that Dad and Stepmom Separated Prior to his Death

If spouses separate before one of them dies, there is a right to property division under the Family Law Act at the instance of either the surviving spouse or the deceased spouse’s estate. In Malecek v. Leiren, 2021 BCSC 1052, there was a dispute about whether spouses were separated at the time of the husband’s […]

BC Family Lawyers on Using Unjust Enrichment to Obtain Share of Property

In a recent post, our BC family lawyers discussed Judge v. Judge, 2015 BCSC 1764, a family law case in which the court determined that properties acquired by contributions of a husband, wife, and the husband’s parents, but held in the name of the husband’s parents alone, should be reapportioned in the wife’s favour. Throughout […]

Divorce Law BC: Dividing Assets Acquired by Joint Family Venture

Where spouses contribute in various ways, and in different measures, to the acquisition of family wealth and assets, how does BC divorce law apply to divide that property on breakdown of the marriage? In many cases, title to the property is in only one spouse’s name, despite the other spouse’s contributions. It might also be […]

Joint Family Ventures and Sharing of Family Assets

As our BC family lawyers have discussed, an unjust enrichment claim in the family context can be used to prevent one spouse from leaving the relationship with a disproportionate share of the wealth accumulated as a result of joint efforts of the spouses. In a recent Alberta case involving a wife’s claim to farm property, […]
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