Tracing Inherited Property in BC Mills v. O’Connor Explained
Under section 81 of BC’s
Family Law Act (FLA), separating spouses are presumptively entitled to an equal interest in all “family property.” However, section 85 carves out certain “excluded property” that is not subject to equal division—including inheritances received by a spouse at any time.
Here’s the critical catch: under section 84(2)(g), any increase in value of excluded property during the relationship becomes family property and is presumptively divided equally. As the Court noted, “the FLA clearly distinguishes between the initial value of excluded property and the value of that property as of the date of trial” (para. 51).
Read More: https://gleelaw.com/blogs/trac....v-oconnor-explained/