Is there any case law that an unequal division of assets is appropriate in circumstances where a husband incurred debts for the benefit of the family and the wife has not contributed towards discharging the debts?

Ontario, Canada


The following excerpt is from Barrett v. Barrett, 2002 CanLII 49564 (ON SC):

11 Counsel cites Childs v. Childs[1] for the proposition that an unequal division is appropriate in circumstances where a husband had incurred debts for the benefit of the family and the wife had made no contribution towards discharging the debts. He further cites the decision in Davies v. Davies[2] as authority that where the Respondent refused to help support his wife and children after separation and was not assuming his portion of the joint responsibility, he should not be entitled to an equal division of family assets.

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