In what circumstances will the court order an equal division of the value of the matrimonial home?
Saskatchewan, Canada
The following excerpt is from Wolff v. Wolff, 1985 CanLII 2358 (SK CA):
There have been in the past occasions when the court has relied upon exceptions (a) & (b) to make a distribution which has not an equal division. See for example Schwark v. Schwark, (unreported judgment of this court-May 13, 1982). However in Schwark v. Schwark the circumstances were quite different from those which exist here. I do not think in the instant case that the factors relied upon by the learned chambers judge are so compelling as to justify granting other than an equal division of the value of the matrimonial home.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the case law reviewed in relation to the distribution of a spouse's share of the value of their home as a result of the appreciation in value of the home? (Saskatchewan, Canada)
In what circumstances will the court allow the petitioner to stay in the family home until the children leave high school? (Saskatchewan, Canada)
In what circumstances will the court require that a document be submitted so that the contents of the document can be reviewed by the court to determine whether it is privileged? (Saskatchewan, Canada)
In what circumstances will the court interfere with the chambers judge or trial judge on an interim maintenance order? (Saskatchewan, Canada)
What is the case law on equalization of spousal support where the payee spouse is seeking to sell or leave the matrimonial home? (Saskatchewan, Canada)
What is the test for an equal division of matrimonial property between spouses? (Saskatchewan, Canada)
In what circumstances will the court order that the interest vested upon the death of the testator be divested only by the remainderman? (Saskatchewan, Canada)
In what circumstances will the Supreme Court review a decision by a majority of the Court of Appeal not adjourning on a motion of appeal? (Saskatchewan, Canada)
What is the test for a judge to order that the matrimonial home belong to the wife and the husband? (Saskatchewan, Canada)
In what circumstances will the court order disclosure of a client's counselling records prior to trial? (Saskatchewan, Canada)
