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.)).
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