Langmaid v. Langmaid, (1994) 155 N.B.R.(2d) 181 (FD)

• Judge: Guerette, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: December 02, 1994
• Jurisdiction: New Brunswick
• Citations: (1994), 155 N.B.R.(2d) 181 (FD)

Langmaid v. Langmaid (1994), 155 N.B.R.(2d) 181 (FD);

    155 R.N.-B.(2e) 181; 398 A.P.R. 181

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[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Linda Helen Langmaid (petitioner) v. George Frank Langmaid (respondent)

(FDSJ-3875-93)

Indexed As: Langmaid v. Langmaid

New Brunswick Court of Queen's Bench

Family Division

Judicial District of Saint John

Guerette, J.

December 19, 1994.

Summary:

A wife petitioned for divorce after five years' marriage. At issue was the division of the equity in the marital home, the husband's R.R.S.P. account and the husband's pension.

The New Brunswick Court of Queen's Bench, Family Division, granted the divorce and ordered an equal division of marital property, after crediting the husband with a portion of the value of the equity in the marital home and a portion of his contribu­tions to his R.R.S.P. account.

Family Law - Topic 865

Husband and wife - Marital property - Distribution orders - Matrimonial home - [See Family Law - Topic 875 ].

Family Law - Topic 875

Husband and wife - Marital property - Distribution orders - Statutes requiring equal division - Exceptions - A husband and wife separated after five years' mar­riage - The husband brought a home into the marriage - The spouses lived there as husband and wife for only five months - The home was sold and the equity ($30,280) applied to purchase a new home - That home was also sold and the equity applied to purchase the present marital home - The New Brunswick Court of Queen's Bench, Family Division, held that an equal division of the present marital home was inappropriate - The court held that 80% of the original equity applied to the purchase of the present marital home and was to be awarded outright to the husband - The remaining 20% was mari­tal property - Accordingly, the present equity in the marital home, less 80% of $30,280, was to be equally divided between the spouses - The court ordered the home sold, unless the husband made an equal­ization payment to the wife, in which case she was to convey her interest to him - See para­graphs 6 to 17.

Family Law - Topic 880.28

Husband and wife - Marital property - Distribution orders - Pensions - At the date of separation, the husband's group pension from employment during the marriage amounted to $17,052.56 - The New Brunswick Court of Queen's Bench, Family Division, ordered an equal division of the pension and directed that the hus­band "roll over" to the wife 50% of the accumulated pension funds - See para­graph 28.

Family Law - Topic 880.32

Husband and wife - Marital property - Distribution orders - R.R.S.P.'s - A 45 year old wife and 55 year old husband separated after five years' marriage - Each had been previously married - The hus­band's R.R.S.P. account was valued at $128,348 - 55% of his total contributions were made before the marriage; 45% were made during the marriage - The New Brunswick Court of Queen's Bench, Fam­ily Division, held that the premarriage contributions were not marital property - Accordingly, only 45% of the value of the R.R.S.P. account was marital property to be distributed equally - The court ordered the husband to "roll over" to the wife's R.R.S.P. the amount of the equalization payment - See paragraphs 18 to 27.

Family Law - Topic 890.6

Husband and wife - Marital property - Considerations in making distribution orders - Marriages of short duration - [See Family Law - Topic 875 ].

Cases Noticed:

Plourde v. Plourde (1994), 151 N.B.R.(2d) 20; 387 A.P.R. 20 (Fam. Div.), refd to. [para. 11].

Statutes Noticed:

Divorce Act, R.S.C. 1985 (2nd Supp), c. 3, sect. 8(2)(a) [para. 34].

Marital Property Act, S.N.B. 1980, c. M-1.1, sect. 7 [para. 9]; sect. 8 [para. 33].

Counsel:

James K. O'Connell, for the petitioner;

Robert E. Shalala, for the respondent.

This case was heard on November 22 and December 2, 1994, before Guerette, J., of the New Brunswick Court of Queen's Bench, Family Division, Judicial District of Saint John, who delivered the following judgment on December 19, 1994.