What is the test for reapportioning a wife's share of her husband's property in accordance with the husband's contributions to the wife's first marriage?
British Columbia, Canada
The following excerpt is from Hartley v. Hartley, 1992 CanLII 1190 (BC CA):
10 As explained in Elson v. Elson 1989 CanLII 100 (SCC), [1989], 1 S.C.R. 1367 (S.C.C.), a trial judge is not required to reapportion strictly in accordance with contributions where other factors come into play, including, in this case, the treatment by the parties of other properties bought and sold during their relationship. For there to be reapportionment, there must be a finding that an equal division would be unfair, and the wife did not succeed in obtaining such a finding of unfairness at trial.
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