Supreme Court

Decision Information

Decision Content

SUPREME COURT OF NOVA SCOTIA

Citation: Fraser v Fraser, 2011 NSSC 178

 

Date: 20110519

Docket: 1205-002925

Registry: Pictou

 

Between:

 

Darcy Lynn Fraser

Petitioner

 

v.

 

 

Eric Eugene Fraser

Respondent

 

 

LIBRARY HEADING

 

 

 

Judge:                                     The Honourable Justice Charles Haliburton

 

Heard:                                    February 21 and 22, 2011 at Pictou, Nova Scotia

 

Written Decision:                   May 19, 2011

 

Subject:                                   Family Law - Divorce and Division of Assets

 

Summary:                               The parties had a ten-year marriage with two children.  The husband was involved in an accident during the marriage which resulted in a disability insurance invested in the names of the parties jointly.  The parties currently have shared custody.  Shared custody is proving to be unsatisfactory.

 

Issue:                                      1. Is the disability insurance invested in the joint names a business or matrimonial asset?

 

2. If shared parenting does not continue, what should the custody and access of the children be?

 

Result:                                    It was found that the disability insurance is a business asset.  The wife was determined to be a joint owner only as trustee for husband. 

 

Joint custody is ordered with primary residence to be with the husband.

 

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