In an uncontested trial following the striking of the Respondent's pleadings, the Applicant sought a declaration of resulting trust over the matrimonial home, equalization of net family property, resolution of retroactive support claims, and a divorce.
The court found that the matrimonial home was held in a resulting trust for the Applicant, as she had made all financial contributions and title was placed in the Respondent's name for liability purposes.
The court determined that the Applicant had significantly overpaid spousal support and dismissed all retroactive support claims by setting them to zero.
A divorce was granted, and the Applicant was awarded fixed costs.
