I accept her testimony that the parties agreed to share expenses and to use the joint bank account for that purpose. His contributions were to be treated as rent until such time as he was able to pay his portion of the down payment on the house. Further I find that he frequently either depleted the joint account to use the funds for his own purpose – or failed to contribute his required share towards expenses. As well, I find there are a number of additional expenses or debts the petitioner could have claimed from the respondent which she has declined to pursue. It is my conclusion that it would be unconscionable for the court to equalize the net family properties, and further, that the respondent is not entitled to share in the increase in the value of the property. It is my view, after examining the financial interplay between the parties, that to award the respondent any portion of the small amount of net family property following this short marriage would, in the circumstances, shock the conscience of the court. (See Murphy v. Murphy, 2003 PESCAD 15)
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