Can a delay in the sale of a family asset be considered a form of reapportionment?

British Columbia, Canada

The following excerpt is from Bosomworth v. Bosomworth, 1997 CanLII 4400 (BC SC):

In order to order reapportionment of a family asset from the presumptive equal division provided in section 56 of the Act, I first must be satisfied that the equal division would be unfair having regard to the factors set out in section 65 of the Act. There is authority that delaying the sale of a family asset is another form of reapportionment (Izzard v. Izzard (1995), 1995 CanLII 247 (BC CA), 14 R.F.L. (4th) 367 at 377 (B.C.C.A.)).

Other Questions

Is a husband's contribution to a business considered a family asset in determining if the business asset is a business asset? (British Columbia, Canada)
Does the use of income from a capital asset for family purposes constitute a family asset? (British Columbia, Canada)
When considering the reapportionment of the family assets of a medical malpractice practice, does Brooke J. make a reference to the issue of spousal support? (British Columbia, Canada)
Does use of an asset for a family purpose prior to marriage make it a family asset? (British Columbia, Canada)
Can assets purchased after a triggering event be considered family assets? (British Columbia, Canada)
When a spouse's assets are not family assets, is one of the spouses entitled to an equal division of assets? (British Columbia, Canada)
What is the final asset to be considered as a family asset? (British Columbia, Canada)
How is the division of family assets determined in the context of family debts? (British Columbia, Canada)
How is the court likely to consider each spouse’s contribution to the accumulation of family property under s. 95(2)(c) of the BC S. 65(1)(f) in determining the value of the spouses’ assets? (British Columbia, Canada)
What are the factors used in determining the division of family assets in a separation of assets? (British Columbia, Canada)

Whitelogo nobg 300dpi sm

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.