What is the case law reviewed in relation to the distribution of a spouse's share of the value of their home as a result of the appreciation in value of the home?
Saskatchewan, Canada
The following excerpt is from Sandbeck v. MacLaren, 2008 SKQB 386 (CanLII):
Let me summarize that the case law reviewed concludes that where the appreciation in value of the family home is the sole consequence of a rise in market value, that the resulting windfall should be divided or shared equally by the spouses. The capital base theory which the petitioner seeks to justify as grounds for an unequal distribution is no longer a valid argument at law. (Farr v. Farr, 1984 CanLII 2754 (SCC), [1984] 1 S.C.R. 252).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When a broker has mixed shares of his own and shares bought for customers in a common block of shares, does the customer have an equitable right to the number bought on his account? (Saskatchewan, Canada)
What is the case law on equalization of spousal support where the payee spouse is seeking to sell or leave the matrimonial home? (Saskatchewan, Canada)
What is the test for determining the fair value of a share? (Saskatchewan, Canada)
Can a husband who locks his wife out of his home for refusing to allow her to return home from a visit without his consent receive alimony? (Saskatchewan, Canada)
In what circumstances will a husband's contributions by both spouses be recognized as a joint contribution to a spouse's matrimonial property? (Saskatchewan, Canada)
What is the impact of losing a spouse as a result of a motor vehicle accident on the care of their children? (Saskatchewan, Canada)
What is the proper standard of review for reviewing the findings of a Commissioner of Inquiry? (Saskatchewan, Canada)
In what circumstances will a judge order distribution of a pro rata distribution of execution creditors? (Saskatchewan, Canada)
What is the test for obtaining a share of a contingent interest in the estate of a deceased spouse? (Saskatchewan, Canada)
What is the value of the lease to Hobbs and what is Hobbs' share? (Saskatchewan, Canada)
