MARITAL OR FAMILY PROPERTY - Equalization or division - Family property, what constitutes - Inheritances or gifts

Law360 Canada (September 30, 2022, 7:22 AM EDT) -- Appeal by the husband from decisions respecting division of family property and spousal support and awarding the wife double costs. The parties separated in 2016 after a 22-year marriage. During the marriage, both parties worked on the family farm owned by the husband’s parents. The husband inherited part of the farm property, including the home quarter where the family home was located, shortly after separation. In 2006, the husband’s father set up a Family Trust and a partnership between himself and the trust and transferred his personally owned mineral rights into the partnership. The spouses and the husband’s sister were beneficiaries of the trust. After separation, the wife secured employment. The husband continued to farm and retained the income from the farm. Based on the husband’s annual income of $134,000 and the wife’s income of $33,500 per annum, the husband was ordered to pay $880 per month in child support for one child and spousal support of $1,712 per month on a compensatory and non-compensatory basis. The husband disputed the trial judge’s valuation of the real property, the equal division of the family home, the valuation of property, including the trust and mineral rights, the determination of his support obligations and the costs order. ...
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