Beard v. Beard

Beard v. Beard

Where land is inherited and retained as the inheriting spouse's separate property, the other spouse is not entitled to one half of the inflationary increase in the land's value arising from market forces despite joint use in farming.

Citation
[1982] 1 SCR 282
Parties
Appellant (defendant, Respondent at Trial): Robert Kipling Beard; Respondent (plaintiff, Appellant at Trial): Eileen Divina Beard
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
10 February 1982
Procedural Posture
Matrimonial Law Division of Assets (joint Farming Operation) / Appeal to the Supreme Court of Canada; Final Judgment (appeal Dismissed)
Outcome
Appeal dismissed with costs; judgment of the Alberta Court of Appeal upheld.
Legal Topics
Division of Assets, Inherited Property, Joint Enterprise, Inflationary Increment, Spousal Property Rights
Source Language
English
Family Law Matrimonial Law Property Law Division of Assets Inherited Property Joint Enterprise Inflationary Increment Spousal Property Rights

Case Brief

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Parties

Robert Kipling Beard

Appellant (defendant, Respondent at Trial)

Eileen Divina Beard

Respondent (plaintiff, Appellant at Trial)

Procedural Posture

Matrimonial Law Division of Assets (joint Farming Operation) / Appeal to the Supreme Court of Canada; Final Judgment (appeal Dismissed)

Legal Issues

  1. 1 Whether a spouse is entitled to one half of the inflationary increase in value of land inherited and owned separately by the other spouse but used in a joint farming operation
  2. 2 Whether inherited land used in the family business loses its separate character such that market appreciation becomes matrimonial property

Ratio Decidendi

Where land is inherited and retained as the inheriting spouse's separate property, the other spouse is not entitled to one half of the inflationary increase in the land's value arising from market forces despite joint use in farming.

Court Disposition

Appeal dismissed with costs; judgment of the Alberta Court of Appeal upheld.

Orders

  • Appeal dismissed with costs.
  • Judgment of the Alberta Court of Appeal affirmed.