In what circumstances will the court grant an unequal division for the wife?
Nova Scotia, Canada
The following excerpt is from Drozdowski v. Drozdowska, 2011 NSSC 89 (CanLII):
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.
"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
In what circumstances will a court grant a right-of-way? (Nova Scotia, Canada)
In what circumstances will a husband and wife be able to exercise control of a discretionary trust where the wife is a named beneficiary? (Nova Scotia, Canada)
In what circumstances will the Court of Appeal in the Family Law Appeal Court order that an application judge be allowed to continue to award an award in a family law matter? (Nova Scotia, Canada)
What is the test for unequal division of matrimonial property? (Nova Scotia, Canada)
What is the burden of proving an unequal division? (Nova Scotia, Canada)
In what circumstances have the Courts found that the Minister of Fisheries and Oceans violated sections of the Constitution and Charter? (Nova Scotia, Canada)
In what circumstances have the courts struck down a warrant for a patient's blood sugar test? (Nova Scotia, Canada)
In what circumstances have courts imputed income to a payor who provides no medical evidence to support the payor's claim of not being able to work for health reasons? (Nova Scotia, Canada)
When will the court grant an original mobility application against a variation application? (Nova Scotia, Canada)
Is a party who brings a spouse's home into the marriage a grounds for unequal division? (Nova Scotia, Canada)
