What is the test for determining whether a person contributed to the increase in value of their property during a long-term relationship?
British Columbia, Canada
The following excerpt is from M.L.J.S. v. L.M.T., 2004 BCSC 1034 (CanLII):
In summary, then, to employ the “value survived” approach outlined by McLachlin J. in Peter v. Beblow, it is necessary for me to determine: 1. the period of the relationship; 2. the value brought into the relationship by each party, which, in this case, is the value of the equity of Ms. M.L.J.S. at the commencement of the relationship; 3. the value of the property at the end of the relationship; 4. the portion of any increase attributable to the efforts of each. While that may result in a monetary award of 50% of the increase in the value of the property during a long relationship, particularly when it is not possible to precisely quantify the respective contributions, there is no presumption that it will do so. That depends on the nature and the extent of the contributions by each. III. FINDINGS OF FACT
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