The applicant and respondent separated after a six-year marriage.
The matrimonial home was registered in the applicant's name alone.
The respondent remained in the home post-separation and claimed the parties had a verbal agreement that he would keep the house and pay the applicant $10,000 for her equity.
The applicant sought a sale of the property and equal division of the proceeds.
The court found no enforceable verbal agreement existed, as there was no part performance to take it outside the Statute of Frauds.
However, the court found the property was a joint family venture and granted the respondent a 50% interest by way of constructive trust, ordering the net sale proceeds to be divided equally.
