Is a husband's contribution to a business considered a family asset in determining if the business asset is a business asset?

British Columbia, Canada


The following excerpt is from Robertson v. Robertson, 1987 CanLII 2970 (BC SC):

The question whether such an agreement should be considered in determining in the first instance if the business asset is a family asset is perhaps more difficult. The argument can be made that the word­ing of s. 46 does not restrict the consideration of the court as to contributions to the business to the period after marriage only, and that is, of course, confirmed by the dictum in McIntosh v. McIntosh, supra. Therefore, it can be argued, agreements such as the one alleged in this case should be invoked to negate what the law provides as to such contributions in only the clearest of cases.

Other Questions


What is the test for determining whether a husband’s interest is capable of being a family asset? (British Columbia, Canada)
How is the court likely to consider each spouse’s contribution to the accumulation of family property under s. 95(2)(c) of the BC S. 65(1)(f) in determining the value of the spouses’ assets? (British Columbia, Canada)
Is a spouse's contribution to the operation of a business considered in the calculation of spousal support? (Ontario, Canada)
Is a husband's investment portfolio a family asset? (British Columbia, Canada)
Is a husband's contingent interest in a trust that had advanced capital to him and taken back a mortgage on the matrimonial home a family asset? (Alberta, Canada)
Does an adult child who moves into the home of his parent's family unit need to pay board or be considered a member of the family unit? (British Columbia, Canada)
What is the test for determining whether a contingent asset is a family asset? (British Columbia, Canada)
In what circumstances will a Minister of Justice consider a hobby as a business when determining whether a hobbyist or an amateur should be considered a tax-payer business? (Canada (Federal), 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)
What is the final asset to be considered as a family asset? (British Columbia, Canada)