Davis v. Davis, (1979) 23 A.R. 440 (QB)

• Judge: Moshansky, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: December 18, 1979
• Citations: (1979), 23 A.R. 440 (QB)

Davis v. Davis (1979), 23 A.R. 440 (QB)

MLB headnote and full text

Davis v. Davis

(No. 4801-25031)

Indexed As: Davis v. Davis

Alberta Court of Queen's Bench

Moshansky, J.

December 18, 1979.

Summary:

This headnote contains no summary.

Family Law - Topic 763

Husband and wife - Actions between - Property - Action for partition and sale of land - When available or grounds for granting - A husband petitioned for divorce and brought an action for partition and sale of the matrimonial residence - The actions were consolidated for trial - The property was held jointly by the husband and wife and both wanted to remain in the residence - The husband intended to buy the wife's interest at the sale - The Alberta Court of Queen's Bench held that in the circumstances an order for partition and sale was appropriate - The Court of Queen's Bench also made an order for lump sum maintenance instructing the husband to secure a portion of the lump sum against his equity in the home and to discharge the obligation by transferring his interest in the home to the wife within thirty days.

Family Law - Topic 4012

Divorce - Corollary relief - Maintenance awards - Lump sum and periodic payments - The husband petitioned for divorce on the ground of marriage breakdown - The wife applied for maintenance - The couple were married 35 years - The wife left the home for four years and returned prior to the petition, but marital cohabitation did not resume - The matrimonial home, valued at $92,000.00, was owned jointly by the parties - The wife, aged 60, worked during the marriage as a homemaker and mother - The wife had $1,000.00 in cash and $2,500.00 in stocks - The husband, a retired business man, had a net worth of $1,559,534.30 and an annual income of $122,122.50 - The Alberta Court of Queen's Bench allowed the petition and awarded the wife a lump sum payment of $60,000.00 and periodic payments of $1,000.00 per month.

Statutes Noticed:

Divorce Act, R.S.C. 1970, c. D-8, sect. 4(e)(1) [para. 2].

Counsel:

R.K. Lang, for the petitioner;

No one appearing for the respondent.

This case was heard by MOSHANSKY, J., of the Alberta Court of Queen's Bench.

On December, 18, 1979, MOSHANSKY, J., delivered the following oral judgment.