Belisle v. Belisle

Belisle v. Belisle

On the balance of probabilities the Court found DeBay acted as a front man and trustee for Belisle, the Declaration of Trust was executed by DeBay, and Belisle is the beneficial owner of the property. The property is a matrimonial home and a matrimonial asset not excluded by the exceptions in s.4(1). There is no basis to order an unequal division under s.13. A divorce will issue and no spousal support is payable. The Court declined to make an immediate disposition affecting DeBay's legal title because he was not a party and preserved his asserted interest while inviting submissions on the appropriate remedy to recognize Ms. Belisle's entitlement.

Citation
2013 NSSC 16
Parties
Petitioner: Alphonse David Belisle; Respondent: Jacqueline Renee Belisle; Third Party (legal Title Holder): David B. DeBay
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
24 January 2013
Procedural Posture
Divorce / Matrimonial Property Dispute / Trial Judgment (decision After Hearing)
Outcome
Divorce granted; property declared a matrimonial home and matrimonial asset; Court finds Belisle is beneficial owner; no unequal division ordered; no spousal support awarded; remedy respecting proprietary interests reserved pending submissions due to DeBay non‑party status.
Legal Topics
Declaration of Trust, Beneficial Ownership, Matrimonial Home, Division of Matrimonial Assets, Unequal Division, Spousal Support, Credibility Findings
Source Language
English
Family Law Matrimonial Property Property Law Trusts Declaration of Trust Beneficial Ownership Matrimonial Home Division of Matrimonial Assets +3 more

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Parties

Alphonse David Belisle

Petitioner

Jacqueline Renee Belisle

Respondent

David B. DeBay

Third Party (legal Title Holder)

Procedural Posture

Divorce / Matrimonial Property Dispute / Trial Judgment (decision After Hearing)

Legal Issues

  1. 1 Did DeBay and Belisle both contribute to the purchase price?
  2. 2 What is the effect of the source of funds on ownership?
  3. 3 Did DeBay execute the May 3, 1996 Declaration of Trust and what is its significance?

Ratio Decidendi

On the balance of probabilities the Court found DeBay acted as a front man and trustee for Belisle, the Declaration of Trust was executed by DeBay, and Belisle is the beneficial owner of the property. The property is a matrimonial home and a matrimonial asset not excluded by the exceptions in s.4(1). There is no basis to order an unequal division under s.13. A divorce will issue and no spousal support is payable. The Court declined to make an immediate disposition affecting DeBay's legal title because he was not a party and preserved his asserted interest while inviting submissions on the appropriate remedy to recognize Ms. Belisle's entitlement.

Court Disposition

Divorce granted; property declared a matrimonial home and matrimonial asset; Court finds Belisle is beneficial owner; no unequal division ordered; no spousal support awarded; remedy respecting proprietary interests reserved pending submissions due to DeBay non‑party status.

Orders

  • Divorce order to issue when presented
  • Property declared a matrimonial home and a matrimonial asset under the Matrimonial Property Act