Case summary: Getman v Getman
Case summary of Getman v Getman, 2023 BCSC 711
The case of Getman v Getman is a family law matter that had been ongoing for several years and involved the division of property between the parties. The parties were married in 1988 and separated in 2017. They have one son together, who is now 33 years old.
The claimant initially sought both child support and spousal support in her notice of family claim, but did not pursue those positions at trial and is no longer seeking either child or spousal support. Both parties seek a divorce, and the only outstanding matter is the division of property.
The court established the date of separation as March 1, 2017, based on the respondent's departure from the matrimonial home, rental of alternate accommodations, and bank withdrawals. The court then applied the basic principles that apply to the division of assets, as established by the Family Law Act, S.B.C. 2011, c. 25.
The court found that all property that was owned by at least one of the spouses on the date of separation is family property, and all financial obligations incurred prior to the date of separation are family debt. The court also noted that the value of family property is to be based on its fair market value, and the date of valuation is the trial date.
The court then outlined the circumstances surrounding each of the family debts and assets before turning to the overall division of property. The parties had a joint bank account at the time of separation, and the respondent had a corporate account he used to run his fishing business. The funds in the joint account were split roughly evenly between the parties following separation, and the business account was used exclusively by the respondent after separation.
The parties jointly owned two apartments on Seymour Street in Vancouver, which were sold in 2019. The proceeds from the first sale were divided equally after paying off a line of credit and expenses related to the sale, and each party received approximately $87,995.76 from that sale. The second apartment was sold later that year, and the funds were distributed after paying the sales-related fees, mortgage, and joint debts.
The parties also own an apartment on West 2nd Avenue in Vancouver, which has been rented since separation. The respondent has collected the rent directly since November 2019, and the rental receipts were deposited into the joint account until that time. The court found that the claimant has collected $80,944.12 more in rental receipts from the West 2nd Property than the respondent since separation.
Finally, the parties purchased a property on the Sunshine Coast prior to separation with the intention of building a house on the property. The respondent proceeded with the construction of the home after separation with the agreement of the claimant, and it was understood that once the house was built, the property would be resold at a profit. The court found that the overall expenditures after separation on constructing the house were $627,453.80. The claimant and the respondent agree that she provided some additional funds to the construction of the Sunshine Coast Property.
In conclusion, the case of Getman v Getman involves the division of property between the parties in a family law matter. The court applied the basic principles established by the Family Law Act and outlined the circumstances surrounding each of the family debts and assets before turning to the overall division of property. The case highlights the importance of proper valuation and accounting when dividing assets in family law matters.
Full text available at: https://canlii.ca/t/jwzdp