What triggers a triggering event under the Marital Property Act?

New Brunswick, Canada

The following excerpt is from Gaunce v Gaunce, 2018 NBQB 40 (CanLII):

It follows that the “triggering event” under the Marital Property Act is a court order. In the absence of such an order at the time of bankruptcy proprietary division claims survive bankruptcy (See: Schreyer v. Schreyer, supra at paras 22-23; But see: Shirkie v. Shirkie, 2015 SKQB 303 at paras 25-26).

Other Questions

Does the presumptive nature of the marital property legislation apply to the provability of the family property claim in bankruptcy? (New Brunswick, Canada)
Is there a presumption of equal sharing of marital property upon separation? (New Brunswick, Canada)
What is the marital property application? (New Brunswick, Canada)
Are stock options that are not exercisable by the end of the marriage marital property? (New Brunswick, Canada)
Can a property owner with a multi-use building whose property is a non-conforming use, move his tenants about the building without PAC approval? (New Brunswick, Canada)
What is the relevance of the evidence at trial for possession of stolen property? (New Brunswick, Canada)
Is there any case law supporting unequal division of property between spouses? (New Brunswick, Canada)
When a mortgagee buys a mortgage property at a price that cannot be seen to reasonably reflect the true market value at the time of the sale of the mortgage, is the deficiency calculated at the subsequent sale? (New Brunswick, Canada)
In what circumstances will a court order that a fence or eaves of a house encroaches over the boundary line of a neighbouring property? (New Brunswick, Canada)
What is the test for alleging fraudulent misrepresentation in a property disclosure statement? (New Brunswick, Canada)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.