Found inside – Page 196Introduction The new legislation enacted in Alberta , 101 Manitoba , 102 New Brunswick , 103 Newfoundland , 104 Nova Scotia , 105 Ontario ... S. 21 ( 2 ) grants the Court a wide power to order an unequal division of matrimonial property . Found insideThe fourth edition in a series, Women, Business and the Law 2016: Getting to Equal examines laws and regulations affecting women's prospects as entrepreneurs and employees in 173 economies, across seven areas: accessing institutions, using ... Found inside – Page 142A ) share of ownership - Under matrimonial Family property on marriage breakdown property legislation - Alberta . ... and thus unequal division of its share of ownership - Under matrimonial equity would have resulted in unjust enrich property ... Found inside – Page 140Q.B. ) ( lump sum maintenance inappropriate where husband's equity in matrimonial home only asset available for ... sum spousal maintenance depleting husband's only asset and amounting to unequal division of property ; support denied ) . Found insideThis volume presents global and comparative perspectives on the perpetual pendular movement of family law between status and contract. Found inside – Page 342Appendix Summary of Provincial Matrimonial Property Legislation ALBERTA B.C. MANITOBA N.B. Matrimonial Family ... Spouse P Traceable Property Q Exempt via Marriage Contract R Post - separation Assets ✓ ✓ 6 UNEQUAL DIVISION ... Found inside – Page 221Le Blanc may even justify a claim for unequal division on the basis of adultery or desertion if these activities can be shown to constitute a ... Legislation in Alberta , Manitoba , and Saskatchewan allows courts to consider the extent to which the financial means and earning capacity of ... It should be remembered that in these provinces matrimonial property is broadly defined to include business assets . Found inside – Page 323( 109 ) That possibility does not seem to be offered to the surviving spouse in Alberta ( s . 16 ) . ... ( 110 ) On the other hand , the Acts of other provinces contain no jurisdiction with regard to the division of property in such cases . ... ( 112 ) It must also be pointed out that the Court may consider both recourses in ordering unequal division of the family property. ... on death , and it may not be without significance that in those provinces the definition of matrimonial property is relatively narrow . This book builds on the report’s conclusions by providing, for a non-specialist audience, a compendium of what we know now about gender gaps in agriculture. Found inside – Page 110Family assets . At the core of the new statutes is the concept of “ family assets ” -generally speaking , the matrimonial home and any property ... The court may order an unequal division of family assets if an equal division would be unfair , having regard to any agreement ... Alberta , Saskatchewan and Nova Scotia exempt gifts and inheritances outright from the category of family assets , at least to the ... Found inside – Page 68Currie , involving a marriage of 14 years , the wife applied for a division of marital assets while in her last year of law school . ... It did award an unequal division , but to Mrs . Currie . that the medical degree and enhanced earning capacity were not family assets capable of division but ... In the jurisdiction of Alberta , Butt v . This paper contains a summary review of a number of principles relevant to section15 and section 1 analysis, as determined by the Supreme Court of Canada (the Court), followed by a chart setting out basic elements of the Court's decisions ... Found inside – Page 20-547This was an appeal from an order as to support and division of family assets . ... The trial judge correctly found that an unequal division of the matrimonial assets would not be appropriate . ... 47 of the Act . The biological father of an illegitimate child in Alberta was not his guardian at law absent a successful constitutional ... Found inside – Page 3850303-0157 - AC Edmonton Alberta Court of Appeal Hunt and Ritter JJ. ... separation – Winnings not exempt from distribution of matrimonial property Matrimonial Property Act , R.S.A. 1980 , c . M - 9 , s . 7 ( 2 ) . Family law Property Division of assets Unequal division Husband winning lottery shortly after separation – Winnings ... Found inside – Page 238The basic proposal is that a surviving spouse may : ( 1 ) apply for a property division based on the claimant's ... which is presumed to be equal to the deceased's contribution , unless a case is made out for unequal sharing , and ( 2 ) make a support ... In Alberta and Manitoba a surviving spouse can bring an application for a division of law that applies to spouses ... matrimonial property , but only if the application could have been brought immediately before death ; that is , only if there ... Found inside – Page 46Alberta Law Reform Institute ... Matrimonial Property Act In dealing with matrimonial property in the period between separation and trial , there are issues involving ... Whether or not the discretion to order an unequal division is constrained . 2 . This open access book presents an innovative study of the rise of unmarried cohabitation in the Americas, from Canada to Argentina. Found insideFreedom in the World, the Freedom House flagship survey whose findings have been published annually since 1972, is the standard-setting comparative assessment of global political rights and civil liberties. Found inside – Page 63The Act defined " family assets " to include only the matrimonial home and any other property " ordinarily used or enjoyed by ... The other provinces which have removed the distinction between family and non - family assets are Alberta ( see the Matrimonial Property Act , R.S.A. ... An unequal division of commercial assets may be ordered if equal shares would be " clearly inequitable " , whereas family ... Found inside – Page 241This provides an interesting contrast with common law cases involving the division of property between de facto spouses . ... in 1983 has provided an avenue which could be used to re - open the question of the relative worth of different marital lifestyles . ... 16-075 Unequal contribution — business assets The phrase " business assets ” is particularly nebulous . It does ... Borek ( 1977 ) 27 R.F.L. 353 ( Alberta S.C. ) ( wife pitching hay , building fences , hauling coal and water ) ; Sikora v . Found inside – Page 87It is always better to keep the property intact . ... the judge to make an unequal division of family assets where an equal division would , in his judgment ... Found inside – Page 196Appendix B PROVINCE : ALBERTA B.C. MANITOBA N.B. SUMMARY OF PROVINCIAL MATRIMONIAL PROPERTY ... UNEQUAL DIVISION AVAILABLE WHERE EQUALIZATION WOULD BE : Not " just and equitable ” “ Unfair " " Grossly unfair ... Found inside – Page 17The Act deals with the designation and distribution of matrimonial assets and property and replaces the outdated notions of dower rights and courtesy at common law . ... During the first four years of their marriage , the Murdochs had worked together on ranches in Alberta . ... Section 13 gives the court the power to make an unequal division of property that is a matrimonial asset or to include in the ... Moreover, users will learn about some of the people behind the research that informs this text in a new feature called Careers in Demography. Found inside – Page 249279 For reasons which are almost identical , Alberta's proposed Matrimonial Property Act would permit a variation of the statutory ... The Matrimonial Property Act 1976 provides for unequal division after a marriage of short duration where the ... Found inside – Page 193Matrimonial causes - Division of property - Family assets — Unequal division Rand purchased through mortgage raised on inherited property “ disposition " under s . 7 of the Matrimonial Property Act Price reduction on property purchased ... "Determine what you own, how much it's worth and how to divide it"--Cover. Found inside – Page 102So , a determination of the worth of the pension in money terms for the purpose of making an unequal distribution would involve a prediction of future ... For example , the Alberta Institute of Law Research and Reform ( the Alberta Institute ) considered the issue of the termination and retirement approaches in its report on Matrimonial Property : Division of Pension Benefits upon Marriage Breakdown . Found insideWritten by a recognized expert on community property and family law issues in California, Grace Ganz Blumberg's comprehensive casebook prepares students for the California bar examination and equips them for California practice in the areas ... Found inside – Page 182Property rights Property includes everything from the family home to household items ... The burden of proof is on the spouse seeking an unequal division . Found inside – Page 753In determining the division of the family assets questions arose about the valuation of some of those assets and their division . The trial judge noted that the husband had acquired substantial assets , including his dental practice , prior to marriage and ordered an unequal division . ... The court was asked to determine what share Mr. Timmins had in the matrimonial home , owned by his wife prior to the ... Grabarchuk ( 1976 ) 67 D.L.R. ( 3d ) 31 , and in Attorney - General Alberta v . Found inside – Page 158The first grants the court authority to divide nonfamily assets where one spouse has contributed work , money or money's worth to the acquisition ... considerations enumerated for unequal division of family assets , 14 and ( ii ) the effect one spouse's assumption of marital responsibilities has had ... Alberta and Saskatchewan afford their judges the broadest discretion for 158 Family Law Awards in Canada. Found inside – Page 162The burden of proof is on the spouse seeking an unequal division . ... For example , marital assets cover both family and business assets acquired during the marriage ( including pension rights ) , as well ... In recognition of the economic dependencies that may arise in cohabitations , most provinces ( except Alberta ) have ... Found inside – Page 130ALBERTA BC MANITOBA Matrimonial Property Act Family Law Act Family Property Act X X X X X X ... UNEQUAL DIVISION AVAILABLE WHERE EQUALIZATION WOULD BE: 8. Across OECD countries, almost one in every five students does not reach a basic minimum level of skills. This book presents a series of policy recommendations for education systems to help all children succeed. Found inside – Page 64May 27-30, 1981, Edmonton, Alberta, Canada : Conference Materials University of Alberta. Institute of Law Research and Reform. ECONOMICS OF DIVORCE divorced women earn that much yearly income.53 B. Division of the Community Property 1. ... The court may make an unequal division only if there is evidence of deliberate concealment or misappropriation of property by one party , or if the total of ... Found inside – Page 73This possibility would be particularly pronounced in Alberta if money placed in a bank account just prior to marriage was mixed ... where inequities caused by a lost exemption can be readily rectified by an unequal division of marital property . Found inside – Page 289Alberta , British Columbia , Manitoba , Saskatchewan , and the Northwest Territories have some form of " homestead legislation . ... In Ontario and Prince Edward Island , the new reform legislation introduced a new species of matrimonial property , called " family assets . ... The court may , however , order an unequal division of family assets if an equal division would , in its opinion , be inequitable . Found inside – Page 54-38Province Statute Business assets Alberta Matrimonial Property Act , RSA 1980 , c . ... and appreciation unequal division of shared distributed at property court's • Factors to be considered discretion include contribution / constructive trust - type ... 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