What is the test for equal division of the matrimonial home?

British Columbia, Canada


The following excerpt is from M. D. v. P. D., 2008 BCSC 1305 (CanLII):

The question within section 65(1)(c),(e) and (f) of the Family Relations Act is whether an equal division of the matrimonial home would be unfair, having regard to the date when the property was acquired, the needs of each spouse to become or remain economically independent and self sufficient, and other circumstances relating to the acquisition, preservation, maintenance or use of the property. The matrimonial home is the only asset of real financial significance to the parties and the defendant should be deprived of his interest only to the degree necessary to address the factors identified in section 65(1)(c),(e) and (f) (Kaur v. Ram, 2006 BCCA 527 at para. 23, 34 R.F.L. (6th) 59). The plaintiff must prove why equal division would be unfair.

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