~ LIFESTYLES Kamily assets subject to equal division From page 48 My busdand and I have been married for six years. He has now found 2 new companion and has informed me that the uarriage is over, It is the second marriage for both of us and I am extremely distraught and as well very wor- ried about my financial future. I am 53 years of age and my husband is 58. He is a profes- sional engineer who has, since I have known him, earned 2 substantial income. In addition to his employment income, he is the beneficiary of a trust and iiss augmented his ia- come with the Income from the trust, which has allowed us a lifestyle far beyond that which I enjoyed previously as 5 single per- son employed as a secretary. He has also used the trust to obtain mousey fo purchase our matrimonial home and our ski cabin at Whistler. What assets would be family assets and what would be the share I would receive in those family assets if my kusband per- sists iu his desize to terminate our marriage? Briefly, farnily assets are those assets defined by section 45 of the Family Relations Act as family assets such as pensions and RRSPs, or are assets ordinarily used by the family for a family purpose such as the family car or the matrimonial home. Once an asset becomes a family asset, each party then has a one- half interest in it after there is a divorce, a separation agreement is made or a declaration is made by the court that there is no possibili- ty of reconciliation between the Parties. Ia your particular case, your husband's interest in the trust would appear to be a family asset because he has ordinarily used the trust to provide assets for use by the family such as the home and the cabin, and has used it to augment your living expenses. Your interest then would start at equal and if it is to be any dif- ferent the onus would be on your husband to shew that an equal division of the asset is inappropri- ate. More specifically, you and your Seaspan operates Canada’s largest fleet of tugs, barges From page 48 basis. Previously, the company had focused on full loads from single shippers. Seaspan loads at Vancouver,. Cowichan Bay end Kitimat and discharges in Los Angeles, Long Beach and San Diego. Originally, the Seaspan 271 was a submersible barge used to transport offshore oil rigs. Con- version work was done at Van- I XE 4DCOR "ARG ENGNE 124 768 245388 SE4DOOR Ne VB ENGIN ENGINE couver Shipyards Co. Ltd. in North Vancouver, Seaspan operates Canada’s largest fleet of tugs and multi- Purpose barges, providing a wide range of miarine transportation services to industry on the west coast of North America, and is engaged in shipbuilding and ship repair work through its Vancouver Shipyards division. ALL PRICES INCLUDE FREIGHT! { NEW SOISSAN ALTIMA | —— " HERE NOW! h OR! VE ONE TODAYIN ease $16,495 CLASSIC DELUXE POWER STEERING (a82 5a] husband would likely share an equal interest (or very close to it} in the home and cabin. The trust, if it was found to be a family asset, would also proba- bly be subject to an equal divi- sion. However, the percentage inter- est of each spouse varies in each individual case depending on a number of factors such as the length of the marriage. The questions and answers given in this column are for gen- eral information only. {f you have matrimonial problems you should seek legal advice so that your ad- viser cain assess your particular circumstances and give you the best advice. Questions about fami- ly law and estates can be directed to Stark & MacLise, Barristers and Solicitors, c/o Family Af- fairs, North Shore News, 1139 Lonsdale Ave., North Vancouve- V7M 2H4, ae si nyeie cr from pottery to flower daskets, wooden toys meme tO jewellery, you'll discover these great gift ideas, and more! See the special A CHRISTMAS FAIRS North Shore News Classified prs sere a errr tine net eecanrees OunOaT > WeDmeamer . smoar To Advertise call Diana 936-0222, local 208 SATURDAY, NOVEMBER. 28TH At Park Royal, Santa makes a grand entrance. Twice. At 11:00 a.m., Mrs. Claus will invite the kids to help her find Santa on the South Mall. Then at 2:00 p.m., the kids can catch him napping in his bed on the North Mall. Once he’s found, or awakened, he’li lead the kids on a train ride led by a band of marching toy soldiers. (Boy, does this guy get around!) Free Santa Photos- 6:00pm to 9:00pm Monday, Tuesday, Wednesday, only until Dec 9th. REGULAR SHOPPING HOURS: 10:00am - 6:00pm Monday - Wednesday 10:00am - 9:00pm Thursday/Friday 9:30am - 5:30pm Saturday 12:00pm - 5:00pm Sunday Late night shopping starts November 30th. NEW LOO K Located at Taylor Way and Marine Drive, West Vancouver.