billm I think PH was wondering if, unbeknownst to her, the ex had taken money from family coffers and gambled it away on stock market if she would have a claim for the losses in division of matrimonial property.
There is case law on this. From what I glean from cursory reading, it is important to determine whether the spouse knew about the trading or not. In determining this, some things that are looked at would include - what happened in past if/when gains were realized - were they put in family accounts. In other words, what was the typical disposition pattern? Was she ever made aware of past gains?
Very interesting subject. Some cases in BC about this but in many instances the wife knew about the trading account. PH's situation differs in that I believe she did not know about the account. Also, he might not have disclosed this at the time when divorce and matrimonial property division was considered. She seems to be ok with the 200k estimated loss. I personally can't afford to overlook that amount of money going "poof."
There is case law on this. From what I glean from cursory reading, it is important to determine whether the spouse knew about the trading or not. In determining this, some things that are looked at would include - what happened in past if/when gains were realized - were they put in family accounts. In other words, what was the typical disposition pattern? Was she ever made aware of past gains?
Very interesting subject. Some cases in BC about this but in many instances the wife knew about the trading account. PH's situation differs in that I believe she did not know about the account. Also, he might not have disclosed this at the time when divorce and matrimonial property division was considered. She seems to be ok with the 200k estimated loss. I personally can't afford to overlook that amount of money going "poof."
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