This on-demand program addresses recent developments in the law and cases touching on increase in value of exempt assets, valuation dates, and double-dipping issues that arise when both income and property are shared in the same post-separation period. This on-demand program was originally broadcasted as a webinar on March 23, 2021. Total running time is 1 hour, 6 minutes. 

Building on a 2007 LESA paper called Section 8 Factors, Fairness and Fruit of the Marriage Tree, this paper provides a timely update on the challenges lawyers and clients face when dividing family property. Topics include: the presumption of 50/50 sharing in s 7(4), exempt property in s 7(2), ‘just and equitable’ property in s 7(3), settlement (ss 37-38), increases in the value of exempt property, debt and exemptions, valuation date, retroactive and interim support, and pension division. This paper was presented at LESA’s Family Property Act and Fruit of the Marriage Tree 2021 Update webinar on March 23, 2021.

This paper specifically addresses non-family lawyers who require an introduction to matrimonial property law, particularly in respect to how “exempt” property is identified and treated by the Matrimonial Property Act and the resulting case law. Case summaries for relevant case law is included. This paper was presented at LESA's Matrimonial Property Law for Wills & Estates Practitioners program held in February 2013.

This paper includes a discussion around some of the more difficult issues that tend to arise regarding property matters, with an emphasis on practical approaches. Topics include dealing with the increase in value of exempt assets, property acquired after separation, “double dipping”, and how to treat bonuses, stock options, and severance pay. The paper also examines problematic issues around matrimonial debt, future contingent tax liabilities, and unmarried cohabitation and property division. This paper was drawn from materials presented at the Issues in Matrimonial Property program held in March 2012.