What is the test for an equitable distribution of the proceeds of sale of the family home?
British Columbia, Canada
The following excerpt is from C.L. v. R.L.C., 2003 BCSC 910 (CanLII):
In Armstrong v. Armstrong, [1991] B.C.J. No. 3380 (Q.L.) (S.C.), the wife alleged that her spouse’s abuse of alcohol and drugs during the course of the marriage had decimated the family fortune. Therefore she sought reapportionment of the proceeds of sale of the family home in her favour. Stewart J. concluded that this request was nothing more than a veiled attempt at obtaining a roving commission and hence denied it (at ¶ 40).
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