What is the test for an equal division of property and family debt?
British Columbia, Canada
The following excerpt is from D.P.R. v. L.L.R., 2015 BCSC 2317 (CanLII):
Should an equal division of family property and family debt be significantly unfair as of the date of separation, the court may order an unequal division of family property or family debt, or both (s. 95). In Remmem v. Remmem, 2014 BCSC 1552, the court stated that the unfairness must be compelling or meaningful having regard to the factors set out in s. 95(2). The court need not exact “perfect fairness”, but only when equal division would be unjust or unreasonable should a judge depart from equal division: L.G. v. R.G., 2013 BCSC 983.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for a party seeking to change the date on which to value family property or family debt under the Family Law Act? (British Columbia, Canada)
Whether a debt is a family debt depends on whether there is a discernible nexus between the debt itself and some family purpose or benefit? (British Columbia, Canada)
What is the test for equal division of property or family debt? (British Columbia, Canada)
How must the court consider debts as well as assets in the division of family property after the breakdown of a marriage? (British Columbia, Canada)
What is the test for setting aside an oral agreement between spouses regarding the division of family property and debt? (British Columbia, Canada)
Is there an equal division of the farm property and equipment on the property in the context of a long-term marriage? (British Columbia, Canada)
What are some cases in which unequal contribution to family expenses and burdens made it significantly unfair to divide family property equally? (British Columbia, Canada)
What is the test for unequal division of property or debt when a spouse fails to disclose their assets and debts? (British Columbia, Canada)
What is the effect of division of property and spousal support on property division? (British Columbia, Canada)
How is the division of family assets determined in the context of family debts? (British Columbia, Canada)
