A.P.O. v. A.A.A.

A.P.O. v. A.A.A.

No enforceable traditional Nigerian marriage in 2002; parties were in a committed relationship from 2006 to April 2011; Alberta rental properties, RESP and a post‑accident Saturn are family assets but, given timing and source of funds and contributions, the two Alberta properties, RESP and Saturn are reapportioned 100% to claimant; matrimonial home apportioned 70% to claimant and 30% to respondent; Dodge Nitro apportioned 50/50; no occupation rent awarded; respondent not entitled to spousal support; claimant awarded sole custody and guardianship; claimant granted exclusive conduct of sale and divorce granted effective 31 days from reasons.

Citation
2014 BCSC 1567
Parties
Claimant: A.P.O.; Respondent: A.A.A.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
18 August 2014
Procedural Posture
Divorce and Family Law (property Division, Support, Custody) / Trial Judgment (reasons for Judgment)
Outcome
Divorce granted; property reapportioned and sale ordered; no occupation rent; no spousal support; sole custody and guardianship to claimant; costs to claimant
Legal Topics
Validity of Traditional Marriage, Reapportionment of Family Assets, Spousal Support Entitlement, Occupation Rent Assessment, Exclusive Conduct of Sale, Custody and Guardianship
Source Language
English
Family Law Property Division Spousal Support Child Custody Occupation Rent Validity of Traditional Marriage Reapportionment of Family Assets Spousal Support Entitlement +3 more

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Parties

A.P.O.

Claimant

A.A.A.

Respondent

Procedural Posture

Divorce and Family Law (property Division, Support, Custody) / Trial Judgment (reasons for Judgment)

Legal Issues

  1. 1 Nature and duration of the parties' relationship
  2. 2 Identification and division of family assets
  3. 3 Whether occupation rent should be awarded

Ratio Decidendi

No enforceable traditional Nigerian marriage in 2002; parties were in a committed relationship from 2006 to April 2011; Alberta rental properties, RESP and a post‑accident Saturn are family assets but, given timing and source of funds and contributions, the two Alberta properties, RESP and Saturn are reapportioned 100% to claimant; matrimonial home apportioned 70% to claimant and 30% to respondent; Dodge Nitro apportioned 50/50; no occupation rent awarded; respondent not entitled to spousal support; claimant awarded sole custody and guardianship; claimant granted exclusive conduct of sale and divorce granted effective 31 days from reasons.

Court Disposition

Divorce granted; property reapportioned and sale ordered; no occupation rent; no spousal support; sole custody and guardianship to claimant; costs to claimant

Orders

  • Divorce to take effect 31 days from date of reasons pursuant to s.12(1) Divorce Act
  • Family home to be sold; charges against property to be paid from proceeds; claimant given exclusive conduct of sale