Gifts “with strings attached” are still gifts and not to be shared when spouses separate
Under Ontario law, upon separation married spouses are entitled to an equal share of the value of the wealth accumulated by both parties during the marriage. There are exceptions, however. The value of certain property, including a gift received by a spouse, is excluded from sharing. In McNamee v. McNamee, 2011 ONCA 533 (add’l reasons at 2011 ONSC 575) the