What is the test for unequal division of property or debt when a spouse fails to disclose their assets and debts?
British Columbia, Canada
The following excerpt is from E.H.H. v C.L.M., 2017 BCSC 1299 (CanLII):
Courts have been persuaded to grant unequal division of property or debt as a result of a spouse’s failure to disclose assets and debts. In Chang v. Xia, 2015 BCSC 1994, Fleming J. provides a helpful summary of the law at paras. 47 to 52. Madam Justice Fleming found that the respondent failed to disclose assets and dissipated assets and concluded that it would be significantly unfair to equally divide a student loan debt as a result.
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