Divisible assets in common law Canada
University of British Columbia
Master of Laws - LLM
One of the most contentious issues within the area of recent matrimonial property legislation in Canadian common law provinces concerns what part of a spouse's property is prima facie distributable between both spouses on marriage breakdown. Each provincial statute dealing with this issue contains its own definition of what is or is not a divisible asset and in every province that definition has been the subject of judicial scrutiny. This study will assess and compare the definition of "divisible asset" employed by each province, particularly in regard to how that definition has been interpreted by the judiciary. The thesis is prefaced by an introduction, which briefly outlines the purpose of the study. Chapters 1 to 9 deal with the legislation of the individual provinces. The final section of the thesis contains the general observations and recommendations of the writer. The study is based on material available up to September 1982. Efforts have been made to give the correct position in each province as of that date. Where possible, changes which occurred since the writing of the first draft have been incorporated in the text of the thesis. In other instances, such changes have been footnoted.
Law, Peter A. Allard School of