Is a wife's home a family asset?

British Columbia, Canada


The following excerpt is from Freeman v. Freeman, 1996 CanLII 2472 (BC SC):

16 The wife was injured in an automobile accident and her lawyer settled her claim. The husband claims a portion of the settlement should be allocated for loss of opportunity to earn income and that portion should be considered a family asset. I disagree. Income is not a family asset, nor is a spouses' capacity to earn income. It follows that an award of damages for the loss or impairment of income or earning capacity is not a family asset: Matheson v. Matheson, [1987] B.C.D. Civ. 1647-06 (S.C.). The wife's home

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