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  • 96 The Supreme Court must not order a division of excluded property unless
  • (a) family property or family debt located outside British Columbia cannot practically be divided, or
  • (b) it would be significantly unfair not to divide excluded property on consideration of the duration of the relationship between the spouses and one or more of the following factors:
    • (i) a spouse’s direct contribution to the preservation, maintenance, improvement, operation or management of excluded property;
    • (ii) the terms of any agreement between the spouses respecting the excluded property, other than an agreement described in section 93(1) [setting aside agreements respecting property division], including but not limited to terms respecting the transfer of the excluded property;
    • (iii) if the Supreme Court makes a determination under section 95(1) [unequal division by order] respecting significant unfairness, the extent to which the significant unfairness cannot be addressed by an unequal division of family property or family debt, or both.

2011-25-96, effective March 18, 2013 (B.C. Reg. 131/2012); 2023-12-6.