Buchhofer v. Buchhofer

Buchhofer v. Buchhofer

The Lodge was classified as a matrimonial asset because the parties liquidated joint life savings to acquire it, both intended it as their retirement nest egg and both contributed to acquisition and operation; therefore equal division was warranted. The 2009 offer of $650,000 is the appropriate valuation for division purposes given the circumstances and deficiencies in going-concern valuation. Remedies included sale or option to purchase, security by promissory note and collateral mortgage, award of occupation rent and limited spousal support (nominal ongoing due to current inability to pay and retroactive support for a defined period), plus costs for disclosure failures.

Citation
2015 NSSC 358
Parties
Petitioner: Gudrun Buchhofer; Respondent: Werner Buchhofer
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
15 December 2015
Procedural Posture
Divorce / Matrimonial Property / Final Trial Decision (supreme Court of Nova Scotia, Family Division)
Outcome
Divorce granted; final orders dividing matrimonial assets including Margaree Lodge and awarding spousal support and costs to Petitioner.
Legal Topics
Classification of Assets, Business Assets Exemption, Valuation Methodology, Occupation Rent, Retroactive Spousal Support, Costs and Disclosure
Source Language
English
Family Law Matrimonial Property Spousal Support Property Valuation and Sale Classification of Assets Business Assets Exemption Valuation Methodology Occupation Rent +2 more

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Parties

Gudrun Buchhofer

Petitioner

Werner Buchhofer

Respondent

Procedural Posture

Divorce / Matrimonial Property / Final Trial Decision (supreme Court of Nova Scotia, Family Division)

Legal Issues

  1. 1 Whether the Margaree Lodge is a business asset exempt from division or a matrimonial asset subject to equal division
  2. 2 Valuation of the Lodge and appropriate method
  3. 3 Whether occupation rent is payable for exclusive post-separation occupation

Ratio Decidendi

The Lodge was classified as a matrimonial asset because the parties liquidated joint life savings to acquire it, both intended it as their retirement nest egg and both contributed to acquisition and operation; therefore equal division was warranted. The 2009 offer of $650,000 is the appropriate valuation for division purposes given the circumstances and deficiencies in going-concern valuation. Remedies included sale or option to purchase, security by promissory note and collateral mortgage, award of occupation rent and limited spousal support (nominal ongoing due to current inability to pay and retroactive support for a defined period), plus costs for disclosure failures.

Court Disposition

Divorce granted; final orders dividing matrimonial assets including Margaree Lodge and awarding spousal support and costs to Petitioner.

Orders

  • Equal division of matrimonial assets including the property known as Margaree Lodge (21045 Highway 19, Margaree Forks, NS) by sale or option to purchase
  • Respondent (Werner) given first option to purchase the Lodge at the sum of $308,612.50 plus any other sums owing to Petitioner; option to be exercised and completed within six months of decision