Murphy v. Murphy

Murphy v. Murphy

The court held the inheritance deposited into the joint account was matrimonial because account records showed the inheritance had been used; assets held by GVM Holdings (bank account, life insurance policy and investment portfolio) were matrimonial under s.4(4) because they were passive savings/investments, funded from family earnings and structured to avoid division; there was insufficient evidence of hidden assets or unreasonable impoverishment to justify an unequal division; accordingly matrimonial assets are to be divided equally and RRSPs/RRIFs equalized; spousal support was ordered in the limited form of maintaining health insurance coverage as permitted by the insurer's terms...

Citation
2015 NSSC 41
Parties
Petitioner: Donna Marie Murphy; Respondent: Gerald Vincent Murphy
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
10 February 2015
Procedural Posture
Divorce (matrimonial Property and Spousal Support) / Trial Decision / Judgment
Outcome
Divorce granted; matrimonial assets characterized and valued; unequal division claim dismissed; equal division ordered subject to specified transfers, payments and equalization of tax-deferred assets; limited spousal relief ordered in the form of maintained health insurance while policy permits prior to entry of...
Legal Topics
Characterization of Assets, Valuation, Inheritance as Matrimonial Property, Corporate Shares and S.4(4), Unequal Division Allegations, Loyalty Program Points, Maintenance of Health Insurance
Source Language
English
Family Law Matrimonial Property Spousal Support Property Division Characterization of Assets Valuation Inheritance as Matrimonial Property Corporate Shares and S.4(4) +3 more

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Parties

Donna Marie Murphy

Petitioner

Gerald Vincent Murphy

Respondent

Procedural Posture

Divorce (matrimonial Property and Spousal Support) / Trial Decision / Judgment

Legal Issues

  1. 1 Whether funds inherited by husband and deposited into a joint account are excluded from matrimonial assets
  2. 2 Whether shares and property held by GVM Holdings are business assets or matrimonial assets under s.4(4)
  3. 3 Whether matrimonial assets should be divided unequally due to alleged hidden assets or unreasonable impoverishment

Ratio Decidendi

The court held the inheritance deposited into the joint account was matrimonial because account records showed the inheritance had been used; assets held by GVM Holdings (bank account, life insurance policy and investment portfolio) were matrimonial under s.4(4) because they were passive savings/investments, funded from family earnings and structured to avoid division; there was insufficient evidence of hidden assets or unreasonable impoverishment to justify an unequal division; accordingly matrimonial assets are to be divided equally and RRSPs/RRIFs equalized; spousal support was ordered in the limited form of maintaining health insurance coverage as permitted by the insurer's terms...

Court Disposition

Divorce granted; matrimonial assets characterized and valued; unequal division claim dismissed; equal division ordered subject to specified transfers, payments and equalization of tax-deferred assets; limited spousal relief ordered in the form of maintained health insurance while policy permits prior to entry of...

Orders

  • Divorce granted.
  • 2011 recreational vehicle to be sold and net proceeds divided equally; court retains jurisdiction over sale if required.