Is a party who brings a spouse's home into the marriage a grounds for unequal division?

Nova Scotia, Canada


The following excerpt is from Drozdowski v. Drozdowska, 2011 NSSC 89 (CanLII):

The mere fact that a party brings the matrimonial home into the marriage is not, in an of itself, grounds for an unequal division. Selbstaedt v. Selbstaedt [2008] N.S.J. No. 20 N.S.S.C.F.D.

Nor was the wife’s claim for an unequal division granted in Wood v. Wood [2005] N.S.J. No. 439 N.S.S.C. In this decision the wife argued that she should have the benefit of an unequal division because the matrimonial home was built on land given to them as a wedding present from her uncle, and her family’s construction company built the septic system and did the excavation. The court was not satisfied that the evidence came close to supporting a claim that an equal division was unfair or unconscionable, and an equal division was ordered.

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