Skipton v. Skipton

Skipton v. Skipton

The oral $10,000 arrangement was not an enforceable matrimonial debt under the Statute of Frauds and not payable as a matrimonial obligation; respondent was allowed specific deductions from the house (flooring, patio door, cleanup totaling $4,000) and a reduced disposition cost allowance ($4,000); respondent retains the house and mortgage and owes petitioner an equalization payment of $1,500; respondent keeps pension accrual earned before September 1993 with the nine-year cohabitation portion to be divided equally; petitioner is entitled to fixed-term spousal support of CAD 616 per month effective August 1, 2004 to August 31, 2006 with retroactive arrears to be paid at CAD 300 per month...

Citation
2005 NSSC 43
Parties
Petitioner: Andrea Lynn Skipton; Respondent: Perry Ronald Samuel Skipton
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
28 February 2005
Procedural Posture
Matrimonial Property and Spousal Support (divorce Act) / Final Decision on Division of Property and Spousal Support (post Trial Decision)
Outcome
Judgment divides property and orders spousal support: respondent retains house and mortgage, pays petitioner CAD 1,500 equalization, nine years of pension credits divided equally, petitioner granted fixed-term spousal support; no costs awarded.
Legal Topics
Equalization, Matrimonial Debt, Statute of Frauds, Property Damage Deductions, Disposition Costs, Personal Property Valuation, Pension Division, Retroactive Spousal Support, Quantum and Duration of Support, Costs
Source Language
English
Family Law Matrimonial Property Spousal Support Pensions Property Law Equalization Matrimonial Debt Statute of Frauds +7 more

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Parties

Andrea Lynn Skipton

Petitioner

Perry Ronald Samuel Skipton

Respondent

Procedural Posture

Matrimonial Property and Spousal Support (divorce Act) / Final Decision on Division of Property and Spousal Support (post Trial Decision)

Legal Issues

  1. 1 Whether an oral $10,000 obligation to respondent's parents is a matrimonial debt or enforceable
  2. 2 Whether respondent may deduct repair/cleanup costs caused during petitioner's exclusive possession
  3. 3 Whether disposition (sale) costs should be credited to respondent

Ratio Decidendi

The oral $10,000 arrangement was not an enforceable matrimonial debt under the Statute of Frauds and not payable as a matrimonial obligation; respondent was allowed specific deductions from the house (flooring, patio door, cleanup totaling $4,000) and a reduced disposition cost allowance ($4,000); respondent retains the house and mortgage and owes petitioner an equalization payment of $1,500; respondent keeps pension accrual earned before September 1993 with the nine-year cohabitation portion to be divided equally; petitioner is entitled to fixed-term spousal support of CAD 616 per month effective August 1, 2004 to August 31, 2006 with retroactive arrears to be paid at CAD 300 per month...

Court Disposition

Judgment divides property and orders spousal support: respondent retains house and mortgage, pays petitioner CAD 1,500 equalization, nine years of pension credits divided equally, petitioner granted fixed-term spousal support; no costs awarded.

Orders

  • Respondent Perry Skipton to retain 58 Hall Road and assume full responsibility for the mortgage
  • Respondent to pay Petitioner an equalization payment of CAD 1,500.00