The applicant sought a declaration that he was entitled to one-half of the remaining proceeds from the sale of a jointly owned matrimonial home.
The parties had previously entered into a domestic contract excluding a specific property from equalization and opting out of the statutory property regime under the Family Law Act.
After the excluded property was sold, the parties purchased a replacement home in joint tenancy using the respondent’s equity.
The court interpreted the marriage contract and held that ownership determined entitlement to property acquired afterward, and the contract did not extend exclusion protection to the replacement home.
As the property was held in joint tenancy, the applicant was entitled to half of the sale proceeds.
