Haughn v. Haughn, (1981) 15 Sask.R. 13 (QB)

• Judge: Sirois, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: September 30, 1981
• Jurisdiction: Saskatchewan
• Citations: (1981), 15 Sask.R. 13 (QB)

Haughn v. Haughn (1981), 15 Sask.R. 13 (QB)

MLB headnote and full text

Haughn v. Haughn

(Nos. 01284 and 293)

Indexed As: Haughn v. Haughn

Saskatchewan Court of Queen's Bench

Judicial Centre of Prince Albert

Sirois, J.

September 30, 1981.

Summary:

A husband and wife each petitioned the other for divorce. The husband also applied for a division of matrimonial property under the Matrimonial Property Act, S.S. 1979, c. M-6.1.

The Saskatchewan Court of Queen's Bench granted each party a divorce, awarded custody of the two children of the marriage to the husband (see paragraph 5) and made a distribution order under the Act.

Family Law - Topic 866

Husband and wife - Marital property - Distribution orders - Jurisdiction - A wife inherited property in another province from her father after her marriage - The Saskatchewan Court of Queen's Bench held that the court lacked jurisdiction under the Matrimonial Property Act to make an order respecting lands not situated in Saskatchewan - See paragraph 14.

Family Law - Topic 882

Husband and wife - Considerations in making distribution orders - Relevant considerations - Ownership of property outside province - A wife owned property outside Saskatchewan - The Saskatchewan Court of Queen's Bench, in making a distribution under the Matrimonial Property Act, stated that the court consider her ownership to determine whether an equal division of property within the province should be made - See paragraph 15.

Family Law - Topic 636

Husband and wife - Property rights during marriage - Matrimonial home - Title to - A husband and wife held title to the matrimonial home jointly - The wife left her husband and two children, who chose to remain with their father - The Saskatchewan Court of Queen's Bench vested the title to the matrimonial home solely in the husband's name - See paragraph 17.

Family Law - Topic 4021

Divorce - Corollary relief - Maintenance awards - Considerations - General - Custody of couple's two teenaged daughters was awarded to the father - The Saskatchewan Court of Queen's Bench declined to order the mother to pay maintenance for the two children, where the husband received much of the benefit from the assets the wife brought into the marriage and the wife undertook to share with the children proceeds from the disposition of property in another province - See paragraph 21.

Cases Noticed:

Duke and Another v. Andler and Others, [1932] S.C.R. 734, appld. [para. 14].

Palmer v. Palmer (1979), 2 Sask.R. 112, appld. [para. 14].

Middleton v. Middleton (1980), 3 Sask.R. 33, appld. [para. 14].

McCalla v. McCalla (1980), 5 Sask.R. 224, appld. [para. 14].

Statutes Noticed:

Matrimonial Property Act, S.S. 1979, c. M-6.1, sect. 20 [paras. 11, 15]; sect. 21 [paras. 12, 15]; sect. 22 [paras. 13]; sect. 23 [paras. 14, 15].

Counsel:

V.J. Longworth, for the petitioner;

P.V. Abrametz, for the respondent.

This action was heard before SIROIS, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Prince Albert.

The decision of SIROIS, J., was delivered at Saskatoon, Saskatchewan, on September 30, 1981.