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Category: Family Property Division

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 […]

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 […]