Boggs v. Boggs, (1987) 50 Man.R.(2d) 216 (QBFD)

• Judge: Scollin, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: July 13, 1987
• Jurisdiction: Manitoba
• Citations: (1987), 50 Man.R.(2d) 216 (QBFD)

Boggs v. Boggs (1987), 50 Man.R.(2d) 216 (QBFD)

MLB headnote and full text

Grace April Boggs (petitioner) v. Elvin Leonard Boggs (respondent)

(Suit No. 85-01-03074)

Indexed As: Boggs v. Boggs

Manitoba Court of Queen's Bench

Family Division

Winnipeg Centre

Scollin, J.

July 13, 1987.

Summary:

In the following decision, the Manitoba Court of Queen's Bench, Family Division, equally divided matrimonial property.

Family Law - Topic 880.3

Husband and wife - Marital property - Distribution orders - Exempt acquisitions - Bequests - A wife inherited money from her mother - Under s. 7(3) of the Marital Property Act inheritances were not shareable as marital property, nor were assets (other than family assets) acquired in exchange for an inheritance (s. 6(5)) - The wife bought a car with her inheritance - The Manitoba Court of Queen's Bench, Family Division, held that the car was a family asset acquired in exchange for the inheritance, and under s. 6(5) of the Act was shareable as marital property with the husband - See paragraphs 3 to 5.

Cases Noticed:

Smith v. Smith (1980), 3 Man.R.(2d) 206; 18 R.F.L.(2d) 38, refd to. [para. 5].

Hilderman v. Hilderman (1985), 34 Man.R.(2d) 177, refd to. [para. 5].

Statutes Noticed:

Marital Property Act, S.M. 1978, c. 24; C.C.S.M., c. M-45, sect. 1(1)(d) [para. 4]; sect. 6(5) [paras. 3, 5]; sect. 7(3) [para. 3].

Counsel:

R. Anderson, for the petitioner;

Judith M. Blair, for the respondent.

This case was heard before Scollin, J., of the Manitoba Court of Queen's Bench, Family Division, whose decision was delivered on July 13, 1987.