Can a wife set aside the value of the matrimonial home under a separation agreement where she relinquished her interest in the home to the husband?

Nova Scotia, Canada


The following excerpt is from Dimick v. Dimick, 2008 NSSC 333 (CanLII):

In Bean v. Bean, 2005 NSSF 13, the wife relinquished her interest in the matrimonial home in a separation agreement. The husband subsequently sold the home for significantly more than the agreed value. The wife applied to set aside the agreement, claiming the original valuation should have been higher. Ferguson A.C.J. held that no inequality existed when the agreement was made, stating that even if her valuation was accepted by the court – which it was not – “it would not satisfy me that a Separation Agreement which, from a matrimonial property aspect, dealt with fourteen items of value and eight items of debt, was unduly harsh or, under these circumstances, should be varied” (para. 56).

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