There is now a decision of Mr. Justice Butler of the Supreme Court of British Columbia in Remmem v. Remmem, 2014 BCSC 1552, which addresses the issue of whether or not a spouse loses the right to their “excluded property” if the property is placed in joint names with the other spouse. The decision at paragraph 48 states that the exclusion is not lost or reduced.1
This decision also states at paragraph 29 that “where excluded property has depreciated in value since one party brought it into the relationship, that party has no ability to look to other family property to make up the loss in value.”1 This is consistent with the Asselin v. Roy, 2013 BCSC 1681 decision.2
It is not yet clear whether or not the Remmem v. Remmem decision will be appealed.
Click to view the Reasons for Judgment: Remmem v. Remmem, 2014 BCSC 1552
1 Remmem v. Remmem, 2014 BCSC 1552, www.courts.gov.bc.ca/jdb-txt/SC/14/15/2014BCSC1552.htm
2 Asselin v. Roy, 2013 BCSC 1681, www.courts.gov.bc.ca/jdb-txt/SC/13/16/2013BCSC1681.htm