Court of Appeal

Decision Information

Sampson v. Sampson

Court Court of Appeal
Date 1999-11-12
Citation 1999 NSCA 136
Docket CA 155011
Judge/Registrar/Adjudicator Bateman, Nancy J. (Honourable Justice) (CA); Glube, Constance R. (Honourable Chief Justice) (CA); Freeman, Gerald B. (Honourable Justice) (CA)
Document Type Library Sheet
Relations Decision - Sampson v. Sampson - 1999 NSCA 136 - 1999-11-12 - Decision

Decision Content

CASE NO.                                     VOL. NO.                                            PAGE

 

                                                                                                                                                           

MICHAEL DANIEL SAMPSON                                                                        - and -                               LESLEY DAWN SAMPSON

                                                                                                                                                           

(Appellant)                                                                                                                (Respondent)

 

                                                                             

CA 155011                                               Halifax, N.S.                                       BATEMAN, J.A.

                                                                                                                                                           

                                   [Cite as: Sampson v. Sampson, 1999 NSCA 136]

 

APPEAL HEARD:                                 October 4, 1999

 

JUDGMENT DELIVERED:                 November 12, 1999

 

 

 

SUBJECT:         Family law - division of assets, spousal support

 

 

SUMMARY:        On a divorce, judge divided matrimonial assets and debts equally as to value but postponed husband's realization of his share until daughter completes schooling (5 years).  Co-tenancy in matrimonial home continued until same time, with wife having the right to buy out husband's interest in home at current market value.  Husband ordered to pay a monthly contribution to upkeep of home.

 

ISSUE:                 Should the division of assets be adjusted to provided for immediate realization of husband's interest and cessation of monthly contribution?

 

RESULT:            As neither party questioned the court's jurisdiction to order a continuing co-tenancy on divorce, pursuant to s.11 of the Matrimonial Property Act, issue not conclusively determined.  In these circumstances, however, the appeal was allowed to the extent of determining ownership of the home, with a postponed mortgage back to husband.  Contribution to monthly upkeep terminated, but order for limited term spousal support granted.  No costs.

 

 

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