How are the parties divided the increase in the value of a property in a long-term co-habitation situation?

British Columbia, Canada


The following excerpt is from Hamill v. Dunlop, 2016 BCSC 1337 (CanLII):

In Jaszczewska v. Kostanski, 2015 BCSC 727 [Jaszczewska], dealing with another cohabitation situation of medium duration, Baker J. divided the increase in the value of the property equally between the parties after repaying the respondent his initial down payment, which Baker J. found to be excluded property.

Other Questions


Can a resulting trust arise when title to property is in one party's name but that party is a fiduciary or gave no value for the property? (British Columbia, Canada)
Does a resulting trust arise when title to property is in one party's name but that party gave no value for the property? (British Columbia, Canada)
When one spouse excludes property that is real property, is that a spouse entitled to an undivided half interest in the increased value of the property? (British Columbia, Canada)
On a value survived approach, is a party entitled to claim the value of services and other benefits received by the enriched party? (British Columbia, Canada)
Does a party have an entitlement to a post-separation increase in the value of their property? (British Columbia, Canada)
Can a disproportionate contribution by one party to a family property be sufficient to meet the threshold test for significant unfairness for dividing excluded property? (British Columbia, Canada)
Is a party who jointly invests in property entitled to divide the proceeds from the sale of the property prior to paying the unequal acquisition debt? (British Columbia, Canada)
What are the implications of the Supreme Court's decision to re-apportion the value of a property owned by one party to one party in a family law case? (British Columbia, Canada)
What is the impact of a wild house party and out of control gatecrashers on the value of an individual's property? (British Columbia, Canada)
What is the test for a party seeking to change the date on which to value family property or family debt under the Family Law Act? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.