What is the test for a spouse's ability to maintain a jointly owned home?
British Columbia, Canada
The following excerpt is from Y.U. v. A.S., 2004 BCSC 1763 (CanLII):
And the fifth is whether one spouse has consistently taken the position at the outset that they wish to keep the property: Lotzkar v. Lotzkar, 2003 BCCA 581. Though the original property was brought into the marriage by the wife, each spouse has consistently wanted to retain the home and establish a bed and breakfast there.
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