Partington v. Partington, (1982) 18 Sask.R. 172 (UFC)
| Judge | Dickson, J. |
| Court | Court of Queen's Bench of Saskatchewan (Canada) |
| Case Date | June 25, 1982 |
| Jurisdiction | Saskatchewan |
| Citations | (1982), 18 Sask.R. 172 (UFC) |
Partington v. Partington (1982), 18 Sask.R. 172 (UFC)
MLB headnote and full text
Partington v. Partington
(Nos. 713 and 753)
Indexed As: Partington v. Partington
Saskatchewan Court of Queen's Bench
Unified Family Court
Judicial Centre of Saskatoon
Dickson, J.
June 25, 1982.
Summary:
A wife applied, inter alia, for an order under the Matrimonial Property Act, directing the sale of the matrimonial home.
The Saskatchewan Unified Family Court dismissed the application and awarded the husband exclusive possession of the matrimonial home for so long as a child of the marriage lives in the home and is under 18 years of age.
Family Law - Topic 865
Husband and wife - Property rights arising from marriage - Distribution orders - Matrimonial home - A wife left the matrimonial home without cause - The husband was awarded exclusive possession of the matrimonial home for so long as a child of the marriage lives in the home and is under 18 years of age - The Saskatchewan Unified Family Court dismissed the wife's claim for occupational rent of the matrimonial home (while the home is occupied by the husband and the child) because she left voluntarily without cause (see paragraph 5).
Family Law - Topic 868
Husband and wife - Property rights arising from marriage - Property subject to distribution - Pension fund - The Saskatchewan Unified Family Court held that a husband's future pension benefits were a shareable matrimonial asset but that the wife's share was limited to the value accumulated during cohabitation (see paragraph 8).
Cases Noticed:
Zakreski v. Zakreski, 10 Sask.R. 1; 21 R.F.L.(2d) 153, refd to. [para. 8].
Morrell v. Morrell, 15 Sask.R. 307; 24 R.F.L.(2d) 455, refd to. [para. 8].
Statutes Noticed:
Matrimonial Property Act, R.S.S. 1978, c. M-6.1.
Counsel:
D. Kovatch, for Margaretta Partington;
P. Blacklock Linn, for Laurence Partington.
This application was heard by DICKSON, J., of the Saskatchewan Court of Queen's Bench.
The judgment of DICKSON, J., was delivered at Saskatoon, Saskatchewan, on June 25, 1982.
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RAPP v. BAUMANN, 2018 SKQB 134
...was a unilateral act on the part of the spouse advancing the claim, occupational rent is not appropriate; Partington v Partington (1982), 18 Sask R 172 (Sask QB). Has the spouse who left the matrimonial home raised a concern or claim arising out of the continued occupation of the matrimonia......
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KORMOS v. KORMOS, 2018 SKQB 195
...was a unilateral act on the part of the spouse advancing the claim, occupational rent is not appropriate; Partington v Partington (1982), 18 Sask R 172. Has the spouse who left the matrimonial home raised a concern or claim arising out of the continued occupation of the matrimonial home by ......
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Stokes v. Stokes, (2001) 206 Sask.R. 161 (FD)
...or not leaving the matrimonial home was a unilateral act on the part of the spouse advancing the claim. In Partington v. Partington (1982), 18 Sask.R. 172 (Fam. Div.), Dickson, J., held at p. 174: '... The wife left the matrimonial home. That is her right. She may live where she chooses. Bu......
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P.M. v. S.M., (2011) 370 Sask.R. 196 (FD)
...was a unilateral act on the part of the spouse advancing the claim, occupational rent is not appropriate; Partington v. Partington (1982), 18 Sask.R. 172 (Sask. Q.B.). • Has the spouse who left the matrimonial home raised a concern or claim arising out of the continued occupation of the mat......
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RAPP v. BAUMANN, 2018 SKQB 134
...was a unilateral act on the part of the spouse advancing the claim, occupational rent is not appropriate; Partington v Partington (1982), 18 Sask R 172 (Sask QB). Has the spouse who left the matrimonial home raised a concern or claim arising out of the continued occupation of the matrimonia......
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KORMOS v. KORMOS, 2018 SKQB 195
...was a unilateral act on the part of the spouse advancing the claim, occupational rent is not appropriate; Partington v Partington (1982), 18 Sask R 172. Has the spouse who left the matrimonial home raised a concern or claim arising out of the continued occupation of the matrimonial home by ......
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Stokes v. Stokes, (2001) 206 Sask.R. 161 (FD)
...or not leaving the matrimonial home was a unilateral act on the part of the spouse advancing the claim. In Partington v. Partington (1982), 18 Sask.R. 172 (Fam. Div.), Dickson, J., held at p. 174: '... The wife left the matrimonial home. That is her right. She may live where she chooses. Bu......
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P.M. v. S.M., (2011) 370 Sask.R. 196 (FD)
...was a unilateral act on the part of the spouse advancing the claim, occupational rent is not appropriate; Partington v. Partington (1982), 18 Sask.R. 172 (Sask. Q.B.). • Has the spouse who left the matrimonial home raised a concern or claim arising out of the continued occupation of the mat......