In what circumstances will a husband and wife be able to divide the assets of their jointly owned property in equal division?
New Brunswick, Canada
The following excerpt is from Leblanc (Choukri) v Choukri, 2017 NBQB 126 (CanLII):
In Yorke v. Yorke, our Court of Appeal set out common exceptions to the equal division of marital assets, as follows at paragraphs 19 and 31: 19. (…) Common exceptions to equal division result from peculiar circumstances: dissipation of assets; unequal contribution; short, second or late marriage and inherited property. (…) 31. In other cases a dissipation of assets, unequal contribution during a short, second or late marriage or inherited property may lead to an unequal division. (…)
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