Legal Question in Family Law in Canada

Matrimonial Property

Can you please tell me when the value of an asset is. For example is the value of a house the date of seperation. The husband moves out in 2001 and does not pay any further costs associated with the matrimonial home. Is the value of the home in 2001 or is it the value of the home in 2006 when the property is divided?


Asked on 2/23/06, 3:47 pm

1 Answer from Attorneys
Donald McLeod Donald R. McLeod Law Corp.

Re: Matrimonial Property

The Court of Appeal of British Columbia has decided that in British Columbia, an asset is valued as at the date of trial, unless there is good reason to do otherwise. The case references are Blackett v. Blackett (1989) 22 R.F.L. (3d) 337 and Frydsek v. Frydsek 2002 BCCA 428. The law in Provinces or Territories other than British Columbia may be quite different.

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Answered on 2/23/06, 5:15 pm


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