Ingram v. Ingram, (1995) 177 A.R. 34 (QB)

• Judge: Moshansky, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: November 02, 1995
• Citations: (1995), 177 A.R. 34 (QB)

Ingram v. Ingram (1995), 177 A.R. 34 (QB)

MLB headnote and full text

Janice Linda Ingram (petitioner) v. Ralph Alexander Ingram (respondent)

(Action No. 4801-80582)

Janice Linda Ingram (plaintiff) v. Ralph Alexander Ingram (defendant)

(Action No. 9301-11860)

Indexed As: Ingram v. Ingram

Alberta Court of Queen's Bench

Judicial District of Calgary

Moshansky, J.

November 2, 1995.

Summary:

A divorced wife applied for division of marital assets and for lump sum mainten­ance.

The Alberta Court of Queen's Bench awarded equal division of the assets that were not exempt and awarded the wife lump sum maintenance.

Family Law - Topic 880.3

Husband and wife - Marital property - Distribution orders - Exempt acquisitions - Gift - Shortly after their marriage in 1980, the parties moved onto farm land - The land was jointly owned by the hus­band and his father until 1990, although the wife thought it was owned by her husband - The wife began a very success­ful cattle operation with a gift from her father and later expanded the operation with a $15,000 loan from her father - When the couple separated in 1992, the wife took the cattle herd - The husband retained the many improvements made to his lands during the marriage and started up a buffalo farming operation - The Alberta Court of Queen's Bench deter­mined that the husband's farm, the wife's cattle herd and the wife's automobile were gifts, not intended to be marital property and were exempt from distribution - See paragraphs 5 to 29.

Family Law - Topic 4022

Divorce - Corollary relief - Maintenance awards - To wife - Considerations - The 33 year old wife and 40 year old husband separated after 12 years of marriage - The wife began a very successful cattle oper­ation on the husband's farm lands - Many improvements to the land made during the marriage were left for the husband's bene­fit - The wife took the cattle herd when she left - She succeeded in finding lucra­tive employment and borrowed heavily to purchase lands to continue the cattle oper­ation - The Alberta Court of Queen's Bench determined that the wife suffered economic disadvantage from the marriage breakdown - The court awarded her $15,000 lump sum spousal maintenance - See paragraphs 30 to 33.

Cases Noticed:

Makortoll v. Makortoll, [1981] Alta. D. 1624-01 (Q.B.), refd to. [para. 30].

Davis v. Davis (1979), 23 A.R. 440 (Q.B.), refd to. [para. 30].

Counsel:

J.E. Ryan, for the petitioner/plaintiff;

A. Stephen W. Stiles, for the respon­dent/defendant.

This case was heard before Moshansky, J., of the Alberta Court of Queen's Bench, Judicial District of Calgary, who delivered the following judgment on November 2, 1995.