Does the fact that there is a provision allowing the wife and children to occupy the family home constitute a reapportionment?

British Columbia, Canada


The following excerpt is from D.K.N. v. M.J.O., 2002 BCSC 1513 (CanLII):

The fact that there is a provision allowing the wife and children to occupy the family home amounts to a reapportionment: Barker v. Barker at para. 54. The unusual provision allowing the wife to have the benefit of the husband’s share of the funds creates an unequal division.

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