What factors will the court consider in determining interim distribution of family property?
Saskatchewan, Canada
The following excerpt is from Yung v. Yung, 2006 SKQB 388 (CanLII):
In Conley v. Conley, supra, Hrabinsky J. listed eight factors for the court to consider in determining whether or not to grant interim distribution of family property. Both factors were summarized as: (i) Whether the assets were acquired by the parties during the course of the marriage; (ii) Whether the net assets available for distribution exceed the amount of the interim distribution; (iii) The length of time necessary to bring the matter to trial; (iv) Whether one party has virtually exclusive control of the liquid assets; (v) Whether the other party is in a position to come up with the cash necessary for the interim distribution; (vi) Whether the distribution may be made without serious prejudicial tax implications; (vii) Whether the distribution may be made without serious prejudicial effect on the assets; and (vii) whether the applicant is in need of funds to meet a capital demand.
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