How has the court considered the total length of the relationship between husband and wife's contributions to the purchase and use of property during their four year relationship?

British Columbia, Canada


The following excerpt is from Chisholm v. Chisholm, 1997 CanLII 1898 (BC SC):

Speaking for the court, McEachern C.J.B.C., held that the trial judge did not fall into any error in considering the total length of the relationship and that he would have likely reached the same conclusion if he had only referred to the length of the marriage [four years] ...particularly in view of s. 51(f), which relates to acquisition and use of property, although the two properties were acquired after marriage. Undoubtedly the learned trial judge also considered and gave effect to s. 51(e), which relates to the needs of each spouse to become or remain economic-ally independent and self sufficient. For these reasons I would not disturb the judgment below merely because of the duration of the relationship rather than the duration of the marriage. There is no doubt, in a relatively short marriage, the contributions of the parties to the acquisition of the properties is an important factor. She contributed most of the down payment for these two properties, but that was clearly recognized by the learned trial judge.... As explained in Elsom v. Elsom, 1989 CanLII 100 (SCC), [1989] 1 S.C.R. 1367, a trial judge is not required to reapportion strictly in accordance with contributions where other factors come into play, including, in this case, the treatment by the parties of other properties bought and sold during their relationship. For there to be reapportionment, there must be a finding that an equal division would be unfair.... [emphasis added]

Other Questions


What is the test for apportioning property between a husband and wife in a marriage where the wife's inheritance was acquired during the marriage, and only the wife contributed to the expense and upkeep of the property? (British Columbia, Canada)
What is the test for reapportioning a wife's share of her husband's property in accordance with the husband's contributions to the wife's first marriage? (British Columbia, Canada)
How have the courts in BC considered the value of a husband’s home when the wife entered into joint tenancy with the husband? (British Columbia, Canada)
Can a wife who has contributed to the estate of her husband be deemed to be a “wife” for property? (British Columbia, Canada)
How have the courts in BC dealt with a claim for unjust enrichment and constructive trust in real property in a relationship where the parties were in a marriage-like relationship for seven years? (British Columbia, Canada)
Does a purchaser have a right to resile from a contract of purchase and sale if the purchaser fails to complete the purchase at the agreed price? (British Columbia, Canada)
What is the difference between a husband and wife when the wife is a co-owner of a small business and the wife receives her share? (British Columbia, Canada)
In what circumstances will a court order that a wife receive one-half of the proceeds of the sale of her half interest in a property owned by her husband? (British Columbia, Canada)
In what circumstances will the husband be ordered to pay costs to the wife for his failure to comply with the rules of court and order the wife to pay solicitor and client costs? (British Columbia, Canada)
What is the relationship of a husband and wife and what is the impact of the relationship on the marriage? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.