What is the use of the income generated by the rental property for the purposes of determining whether the property is a family asset?

British Columbia, Canada


The following excerpt is from S.M.S. v. D.M.T., 2014 BCSC 2387 (CanLII):

The use of the income is a factor that the court can consider in determining whether the property is a family asset. For example, in Foster v. Foster, 2007 BCCA 83, a rental property was found to be a family asset, in part due to the fact that the rental income was used for a family purpose: at para. 28-29.

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