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UPDATE on the Issue of Whether a Transfer of Otherwise "Excluded" Property Into the Name of the Other Spouse Extinguishes the Ability to Claim the Exemption

In the case of Shih v. Shih, 2015 BCSC 2108, the Court opts to follow the approach as set out in Remmem and P.G. and declines to follow the case of Wells and V.J.F. See paragraph 59 below:

[59] I agree with that analysis and conclude that a transfer of excluded property from one spouse into the name of the other spouse or into the spouses' joint names does not extinguish the right of the transferor to claim the exclusion.

(This topic is discussed in the blog post of March 24, 2015 - "Issues about 'family property': does a transfer of 'excluded' family property from one spouse to the other during the course of the relationship make it 'included' family property")

Written by
Mark J. Chiu
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