What is the test for a claim for the division of family assets?
British Columbia, Canada
The following excerpt is from V.L.R v. D.M.R., 2003 BCSC 574 (CanLII):
With respect to the claim for the division of family assets, there was no dispute that these assets are to be divided equally unless it would be unfair having regard to the criteria in s.65 of the Family Relations Act, R.S.B.C. 1996, c. 128. See: Elsom v. Elsom,1989 CanLII 100 (SCC), [1989] 1 S.C.R. 1367 and Baird v. Baird (1981), 1981 CanLII 491 (BC CA), 25 R.F.L. (2d) 17 (B.C.C.A.).
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