D.B.M. v J.C.M.

D.B.M. v J.C.M.

The court held that there was no basis for reapportionment; family assets are to be divided equally. The husband may purchase the wife's one-half interest in the matrimonial home based on an agreed value ($115,000) and the wife's share of $57,500; the husband is responsible for real property taxes since separation;...

Source-derived case information.

Citation
2003 BCSC 1622
Parties
Plaintiff: D.B.M.; Defendant: J.C.M.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
24 October 2003
Procedural Posture
Family Law Division of Family Assets and Spousal Support (rule 18 A) / Application for Division of Family Assets and Spousal Support (summary Disposition)
Outcome
Judgment for equal division of family assets; no reapportionment; specified buyout, support and tax allocations ordered as set out below.
Legal Topics
Equalization, Reapportionment, Occupational Rent, Matrimonial Home Valuation, Credit for Property Taxes, Back Dated Support
Source Language
english
Family Law Property Division Spousal Support Occupational Rent Equalization Reapportionment Matrimonial Home Valuation Credit for Property Taxes +1 more

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Parties

D.B.M.

Plaintiff

J.C.M.

Defendant

Procedural Posture

Family Law Division of Family Assets and Spousal Support (rule 18 A) / Application for Division of Family Assets and Spousal Support (summary Disposition)

Legal Issues

  1. 1 Whether reapportionment of family assets is warranted in favour of the wife
  2. 2 Whether the husband is entitled to occupational rent for the wife's exclusive occupancy of the matrimonial home
  3. 3 Whether the wife is entitled to spousal support, amount and duration

Ratio Decidendi

The court held that there was no basis for reapportionment; family assets are to be divided equally. The husband may purchase the wife's one-half interest in the matrimonial home based on an agreed value ($115,000) and the wife's share of $57,500; the husband is responsible for real property taxes since separation; the wife's exclusive occupancy of the home constituted spousal support in lieu of monetary payments while she lived there, but if and when the husband purchases the home and she must seek alternate accommodation he must pay spousal support of $500/month to be reassessed in two years; the wife must pay an equalization adjustment of $3,740 to the husband; if purchase cannot be...

Court Disposition

Judgment for equal division of family assets; no reapportionment; specified buyout, support and tax allocations ordered as set out below.

Orders

  • Husband may purchase the matrimonial home for $115,000 within 60 days of these reasons; wife's one-half interest payable as $57,500 to the wife
  • If husband purchases the home he is responsible for all real property taxes since separation