What is the test for an unequal division of the family property?

British Columbia, Canada


The following excerpt is from Chapman v Chapman, 2020 BCSC 1029 (CanLII):

The claimant seeks reapportionment of the family property in her favour. In Remmem v. Remmen, 2014 BCSC 1552 at para. 47, Justice Bulter suggests that before ordering an unequal division of family property, the court must first notionally divide the family property equally to allow an assessment of whether division on that basis is significantly unfair. I agree that is a reasonable approach.

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