The parties had a 15-year marriage with no children. They jointly operated retail kiosks at two BC ferry terminals, property found to be joint family property. During the marriage, both husband and wife received settlements for injuries suffered in a car accident. The wife’s settlement funds were deposited into the parties’ joint account and used to purchase the first kiosk. The husband received $52, 000 for non-pecuniary losses, depositing the funds into a joint account and later withdrew $90,000 to put a down payment on a real property that was joint family property. He argued that the wife’s funds were spent on “consumables” and could not be connected to any property, while his could be traced to property and should be characterized as excluded property.
Read the full summary: How to Lose Your “Exclusion”: BCCA
This is general information only and is not legal advice. For legal advice, consult a divorce lawyer.