Supreme Court

Decision Information

Decision Content

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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