Soubliere v. MacDonald

Soubliere v. MacDonald

The presumption of equal sharing arising from joint tenancy was not rebutted; calculate net equity by deducting outstanding mortgage and notional sale costs from agreed value ($177,000.00) to get $57,623.05; applicant entitled to one‑half ($28,811.52) and must account for one‑half of post‑separation...

Source-derived case information.

Citation
2011 NSSC 98
Parties
Petitioner: Nicole Marie Soubliere; Respondent: Douglas Gordon MacDonald
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
14 March 2011
Procedural Posture
Partition Act Application (family Division) / Judgment (decision)
Outcome
Application granted in part; monetary awards to applicant
Legal Topics
Partition Act, Occupation Rent, Joint Tenancy, Division of Proceeds, Rent From Tenants, Cohabitation Agreement, Equitable Division
Source Language
english
Property Law Family Law Partition Act Occupation Rent Joint Tenancy Division of Proceeds Rent From Tenants Cohabitation Agreement +1 more

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Parties

Nicole Marie Soubliere

Petitioner

Douglas Gordon MacDonald

Respondent

Procedural Posture

Partition Act Application (family Division) / Judgment (decision)

Legal Issues

  1. 1 Whether applicant entitled to sale under Partition Act and equal division of proceeds
  2. 2 Whether presumption of equal sharing in joint tenancy is rebutted
  3. 3 Whether respondent entitled to credit for pre‑separation contributions or post‑separation mortgage/property tax payments

Ratio Decidendi

The presumption of equal sharing arising from joint tenancy was not rebutted; calculate net equity by deducting outstanding mortgage and notional sale costs from agreed value ($177,000.00) to get $57,623.05; applicant entitled to one‑half ($28,811.52) and must account for one‑half of post‑separation mortgage/property tax payments paid by respondent ($21,512.90), resulting in a partition adjustment of $7,298.62 in favour of applicant; applicant awarded occupation rent based on $390.00/month share totalling $11,700.00 to date of trial; applicant awarded one‑half of respondent's assessed rental income from tenants ($2,925.00); total payable by respondent $21,923.62; costs to be filed if not...

Court Disposition

Application granted in part; monetary awards to applicant

Orders

  • Respondent Douglas Gordon MacDonald shall pay petitioner Nicole Marie Soubliere $7,298.62 as the partition adjustment
  • Respondent shall pay petitioner $11,700.00 as occupation rent for exclusive occupation to date of trial