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Court divided home sale proceeds proportionately based on initial contributions and joint family venture principles.
This case addresses a property dispute between common-law spouses regarding the division of proceeds from the sale of their jointly-owned home.
The respondent sought reimbursement for his entire down payment, claiming unjust enrichment and constructive trust.
The court found a joint family venture and established unjust enrichment.
It determined that the increase in property value due to joint efforts should be split equally, while the initial contributions to the purchase price should be divided proportionately.
The court also found that an alleged verbal agreement for down payment reimbursement was unenforceable under the Family Law Act.
