What is the test for unequal division of matrimonial property?

Nova Scotia, Canada


The following excerpt is from McKearney-Morgan v. Morgan, 2012 NSSC 236 (CanLII):

As indicated in Adams v. French, 2007 NSSC 57, at paragraph 50: “The Matrimonial Property Act creates a presumption in favor of an equal division of matrimonial property. The burden of establishing entitlement to an unequal division of matrimonial property rests with the party who seeks the unequal division. A claim for an unequal division should only be granted in circumstances where an equal division of matrimonial assets is unfair and unconscionable.”

Other Questions


What is the test for unequal division of matrimonial assets? (Nova Scotia, Canada)
What is the test for unequal division of the matrimonial home and occupational rent? (Nova Scotia, Canada)
What authority exists to order the sale of the matrimonial home pursuant to section 10(1)(b), 15 (b) and 19 of the Matrimonial Property Act? (Nova Scotia, Canada)
What is the relationship between lump sum maintenance and a division of assets under the Matrimonial Property Act? (Nova Scotia, Canada)
Is a party who brings a spouse's home into the marriage a grounds for unequal division? (Nova Scotia, Canada)
What is the appropriate date for division of matrimonial assets? (Nova Scotia, Canada)
When will the date of division of the matrimonial home be used to calculate interest in the home? (Nova Scotia, Canada)
Is exclusion of common law couples from the property division and support regimes applicable to married and civil union spouses violated section 15(1) of the Charter? (Nova Scotia, Canada)
What is the test for determining the division of property and the assessment of support obligations? (Nova Scotia, Canada)
What is the burden of proving an unequal division? (Nova Scotia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.