Braithwaite v. Braithwaite, (1983) 27 Sask.R. 241 (QB)

• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: August 03, 1983
• Jurisdiction: Saskatchewan
• Citations: (1983), 27 Sask.R. 241 (QB)

Braithwaite v. Braithwaite (1983), 27 Sask.R. 241 (QB)

MLB headnote and full text

Braithwaite v. Braithwaite

(No. 431)

Indexed As: Braithwaite v. Braithwaite

Saskatchewan Court of Queen's Bench

Judicial Centre of Battleford

Batten, C.J.

August 3, 1983.

Summary:

A wife applied under the Matrimonial Property Act for an order that all of the matrimonial property owned by the husband and wife be vested in the wife.

The Saskatchewan Court of Queen's Bench ordered that the matrimonial home vest solely in the name of the wife and made an unequal distribution of the rest of the marital property in favour of the wife.

Family Law - Topic 865

Husband and wife - Property rights arising from marriage - Matrimonial home - The Saskatchewan Court of Queen's Bench ordered that the matrimonial home vest solely in the name of the wife where the husband in 1981 moved permanently to Arizona and the equity in the matrimonial home was retained due to the efforts of the wife (see paragraph 14).

Family Law - Topic 875

Husband and wife - Property rights arising from marriage - Statutes requiring equal division, exceptions - In 1981 a husband permanently moved to Arizona and left the wife in Saskatchewan to care for five children and a business - The Saskatchewan Court of Queen's Bench made an unequal distribution of matrimonial property in favour of the wife (see paragraphs 20 to 28).

Cases Noticed:

Haughen v. Haughen, 15 Sask.R. 13, refd to. [para. 23].

Tokaruk v. Tokaruk, 14 Sask.R. 394, refd to. [para. 23].

Sigurdson v. Sigurdson, 7 Sask.R. 422, refd to. [para. 26].

Fisher v. Fisher, 4 Sask.R. 181; 18 F.L.R.(2d) 379, refd to. [para. 27].

Statutes Noticed:

Matrimonial Property Act, S.S. 1979, c. M-6.1, sect. 22 [para. 13].

Counsel:

Margaret M. Wheat, appearing for the applicant wife;

No one appearing for the respondent.

This case was heard by Batten, C.J., of the Saskatchewan Court of Queen's Bench.

The decision of Batten, J., was delivered at Saskatoon, Saskatchewan, on August 3, 1983.