With the introduction of “excluded property” into British Columbia’s family property law, cases continue to be released providing guidance to lawyers and separating couples alike. The Appeal Court in KPB v. KE 2019 BCCA 152 considered whether the husband’s use of a line of credit secured by the parties’ family home, and used by him to purchase real property in his name after the date of separation, brought the after-acquired property into the category of…

In Baryla v. Baryla 2019 BCCA 22, the Court considered whether the trial judge had erred by failing to find that a half-interest in a home owned by the husband was excluded property, as the respondent husband had received the half-interest from his mother upon her death as a joint survivor of the joint tenancy property. The parties ended their 40-year marriage in 2014 by signing a Letter of Intent Agreement dividing their assets equally…

Separating isn’t easy, and many divorced parents worry about how they might alter their parenting to minimize damage on their teenager. It is common for teenagers to have a variety of negative emotions and increased risk after divorce, but having the right attitude and methods can prevent the poor outcomes from becoming long term problems. Here are five tips to keep in mind when parenting your teen after separation. 1. Don’t Make You Teen Your…

In Venables v. Venables 2019 BCCA 281 the appeal court considered a case where a husband transferred a home he acquired before the commencement of his marriage into joint tenancy with his wife, and also placed inherited funds in joint names. At trial the court determined that the home and inherited funds were gifted to the wife and therefore, could not be characterized as excluded property. However, the court utilized section 95 of the Family…

Prior to the the enactment of British Columbia’s Family Law Act in 2013, jewellery belonging to each of the parties, particularly a wife’s wedding and engagement rings, were rarely divided between the parties. The treatment of jewellery was rather more civilized under the predecessor legislation. Today it is very clear that everything is thrown into the family pot and divided, even the most personal items of male and female jewellery. Relying on section 85 (1)(B.1),…

A young teen from British Columbia was removed from her family home and placed in the interim and later the permanent custody of the Director of Child Protection in 2015. The Ministry located a foster home for the girl who thrived and developed a positive relationship with her foster mother. (The Director, Child, Family and Community Services Act v. Registrar General of Vital Statistics 2019 BCSC 1859) The girl’s removal arose when criminal charges were…

Can a judge make an order for spousal support at a settlement conference in the absence of a filed application or supporting affidavit? The case of Creighton v. Creighton 2019 ONSC 5706 answers that question in the affirmative. The parties attended a settlement conference in October 2018 where a judge made a without prejudice interim spousal support order against the husband as a term of the adjournment of the settlement conference sought by the husband.…