Is there an equal division of the farm property and equipment on the property in the context of a long-term marriage?

British Columbia, Canada


The following excerpt is from King v. King, 1999 CanLII 5511 (BC SC):

The farm property and the equipment on the property represent funds which were converted by the plaintiff into family assets only about two and a half years before the 36 year marriage ended. In view of the relationship and contribution of the parties over the whole of the marriage and the length of time that these funds were used as a family asset, I am satisfied that it would be unfair if there was an equal division of these assets. Unlike the situation in Smith v. Smith [1990] B.C.J. (Q.L.) No. 1205 (B.C.S.C.), I am satisfied that the recent receipt of the inheritance and the recent conversion of that inheritance to a family asset is a factor that carries significant weight when considering the length of the marriage, the history of the marriage and the present circumstances of the parties.

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