How has the division of funds received from the wife's parents been determined?

British Columbia, Canada


The following excerpt is from N.A. v. S.R., 2013 BCSC 42 (CanLII):

I have considered that the parties left the funds received from the wife’s parents substantially intact except where they were once used to pay a sizeable amount of the wife’s student loan. Their main purpose appears to have been to assist the parties with the purchase of a house, or inferentially to assist with further costs related to the parties’ educations. I find that these funds were at least “earmarked” for their own family purposes. As in Hefti v. Hefti, (1998) B.C.L.R. (3d) 171 (B.C.C.A.), I find that these funds were relied upon for the future financial security of the parties and as such are found to be family assets subject to equal division absent reapportionment.

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