SUPREME COURT OF NOVA SCOTIA
Citation: Andrist v. Andrist, 2010 NSSC 285
Date: 20100720
Docket: 1204-005025
Ken No. 064361
Registry: Kentville
Between:
Sharon Elaine Andrist
Petitioner
v.
Michael Douglas Andrist
Respondent
LIBRARY HEADING
Judge: The Honourable Justice C. Richard Coughlan
Heard: March 4, 10, 11 and 12, 2010, in Kentville, Nova Scotia
Written Decision: July 20, 2010
Subject: Family Law - Separation Agreements and Marriage Contracts - Division of Matrimonial Assets
Summary: Parties married in 1999. Wife previously owned a residence. The parties entered into a marriage contract.
Home sold and new home purchased. Parties separated in 2004. Husband conveyed interest in matrimonial home to wife. Parties reconciled. Interest in matrimonial home not reconveyed to husband. Parties treated property as in joint ownership. Parties separated in 2007. Separation agreement executed by parties. Husband did not have legal advice. Husband, as part of separation, quit claimed interest in another property parties jointly owned to the wife. Marriage contract provided property in the name of one spouse owned by that spouse free of any claim by the other spouse.
Issue: Division of matrimonial assets
Result: Marriage contract valid. Separation agreement and quit claim deed set aside. Matrimonial assets equally divided between the spouses.
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