How have courts dealt with the issue of equalization payments in matrimonial home disputes?
Ontario, Canada
The following excerpt is from Marshall v Marshall, 2017 ONSC 381 (CanLII):
In Korman v. Korman 2015 ONCA 578 (CanLII) the trial judge ordered the wife, who alone held title to the matrimonial home, to make an equalization payment to the husband. The husband appealed challenging the trial judge’s finding that he gifted his interest in the matrimonial home to the wife. Again, this is an example of a litigant seeking a declaration that they themselves have a beneficial interest. The other distinguishing feature being, in each of these cases, with the property situate in Canada, the court had the ability to force actions that would realize the beneficial owner’s interest (i.e. force a sale; order access).
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