What is the effect on the value of the wife's net family property after a short marriage?

Prince Edward Island, Canada


The following excerpt is from S. H. v. J. H., 2008 PESCTD 25 (CanLII):

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)

Other Questions


Is it unconscionable for the wife to equalize the net family property with the husband when the husband has all but abdicated his role in the relationship? (Prince Edward Island, Canada)
What is the test for unequal division of net family property under s-s. 6(6) of the Divorce Act? (Prince Edward Island, Canada)
Does a solicitor client relationship arise in the course of a property transaction? (Prince Edward Island, Canada)
What is the obligation of the receiving spouse to contribute to the equalization of a spouse's pension for income generation after marriage breakdown? (Prince Edward Island, Canada)
What is the effect of the draft audit on CASP's Master Plan? (Prince Edward Island, Canada)
What is the current state of the law on liability for the escape of a dangerous substance from the owner's property? (Prince Edward Island, Canada)
What is the test for a claim for damages arising out of the sale of a house where there is a close family relationship? (Prince Edward Island, Canada)
What is the effect of publicity in the media on the sentencing of a physician convicted of rape and sexual assault? (Prince Edward Island, Canada)
What is the definition of effective notice in the context of retroactive child support? (Prince Edward Island, Canada)
Is a mortgagee entitled to recover a portion of the mortgaged property which has been repossessed but which has subsequently been reclaimed? (Prince Edward Island, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.