What are the factors used to determine whether a spouse has a right to retain the home?
British Columbia, Canada
The following excerpt is from Y.U. v. A.S., 2004 BCSC 1763 (CanLII):
The fourth is the relative needs of each spouse and reasons for wanting to retain the home: Polson v. Polson, 2000 BCSC 1477. Each spouse wants to retain the home for the same reason, to run a bed and breakfast business. And each, I find, has much the same need to retain the home.
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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