In what circumstances will a court apportion a property held by a husband to his wife on the basis that it is not a family asset?
British Columbia, Canada
The following excerpt is from M.B.L.1 v. B.S.L., 2003 BCSC 229 (CanLII):
In MacDonald v. MacDonald, supra, Sigurdson J. found that the shares held by the wife, the income from which had been used for family purposes, were not a family asset. In the alternative, he found that if he was wrong, he would reapportion the asset entirely in favour of the wife on the basis that these assets were acquired as gifts from her parents and grandparents and, as such, there was no contribution to the acquisition, maintenance, or preservation of those assets by either party.
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