MacLean v. MacLean, 2005 NSSC 284

JudgeHall, J.
CourtSupreme Court of Nova Scotia (Canada)
Case DateOctober 03, 2005
JurisdictionNova Scotia
Citations2005 NSSC 284;(2005), 237 N.S.R.(2d) 374 (SC)

MacLean v. MacLean (2005), 237 N.S.R.(2d) 374 (SC);

    754 A.P.R. 374

MLB headnote and full text

Temp. Cite: [2005] N.S.R.(2d) TBEd. NO.018

Alfred Thomas MacLean (petitioner) v. Anne Cheryl MacLean (respondent)

(1205-002054; 2005 NSSC 284)

Indexed As: MacLean v. MacLean

Nova Scotia Supreme Court

Hall, J.

October 31, 2005.

Summary:

At issue in a division of marital property was whether there should be an unequal division of the wife's pension fund and the matrimonial home.

The Nova Scotia Supreme Court found that the wife was entitled to retain 100% of her pension fund and ordered an 82-18 split of the matrimonial home in favour of the husband.

Family Law - Topic 865

Husband and wife - Marital property - Distribution orders - Matrimonial home - A husband and wife separated after nine years - Prior to the marriage, the wife had accumulated a pension worth approximately $127,500 - During the marriage, the parties built a matrimonial home on land previously owned by the husband - The husband cashed a $55,000 pension fund acquired prior to the marriage and invested it along with $10,000 of his savings in the home - The husband did most of the construction himself or traded work with friends - The husband argued that the wife should keep 100% of her pension fund and he should keep 100% of the matrimonial home - The wife sought 100% of the pension and an equal division of the home - The Nova Scotia Supreme Court found that the wife was entitled to 100% of her pension and ordered an 82-18 split of the home in favour of the husband - The wife's contributions to the pension did not result in the diversion of funds that would otherwise have been available for the parties' mutual benefit - The marriage was just short of being considered of medium length duration - The parties were both mature - It was a second marriage for the husband and there were no children of the marriage - It would have been unconscionable to allow the wife to keep her entire pension fund while ordering that the husband had to share his pension and other pre-marriage savings equally with the wife as a result of it having been invested in the home.

Family Law - Topic 875

Husband and wife - Marital property - Distribution orders - Statutes requiring equal division - Exceptions - [See Family Law - Topic 865 ].

Family Law - Topic 880.28

Husband and wife - Marital property - Distribution orders - Particular property - Pensions - [See Family Law - Topic 865 ].

Cases Noticed:

Bishop v. Bishop (2005), 236 N.S.R.(2d) 86; 749 A.P.R. 86 (S.C.), refd to. [para. 23].

Counsel:

The petitioner represented himself;

Melinda MacLean, Q.C., for the respondent.

This action was heard in Pictou, Nova Scotia, on October 3, 2005, by Hall, J., of the Nova Scotia Supreme Court, who delivered the following judgment on October 31, 2005.

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1 practice notes
  • Goodwin v. Goodwin, (2009) 276 N.S.R.(2d) 239 (SC)
    • Canada
    • Nova Scotia Supreme Court of Nova Scotia (Canada)
    • January 26, 2009
    ...48]. Andrews v. Andrews, [2006] N.S.R.(2d) Uned. 47; 2006 CarswellNS 159 (Fam. Div.), refd to. [para. 52]. MacLean v. MacLean (2005), 237 N.S.R.(2d) 374; 754 A.P.R. 374; 2005 NSSC 284, refd to. [para. Carmichael v. Carmichael (2005), 238 N.S.R.(2d) 195; 757 A.P.R. 195 (Fam. Div.), refd to. ......
1 cases
  • Goodwin v. Goodwin, (2009) 276 N.S.R.(2d) 239 (SC)
    • Canada
    • Nova Scotia Supreme Court of Nova Scotia (Canada)
    • January 26, 2009
    ...48]. Andrews v. Andrews, [2006] N.S.R.(2d) Uned. 47; 2006 CarswellNS 159 (Fam. Div.), refd to. [para. 52]. MacLean v. MacLean (2005), 237 N.S.R.(2d) 374; 754 A.P.R. 374; 2005 NSSC 284, refd to. [para. Carmichael v. Carmichael (2005), 238 N.S.R.(2d) 195; 757 A.P.R. 195 (Fam. Div.), refd to. ......

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