Nathan Juneau, as Estate Trustee for his deceased wife Tracey Irene Juneau, applied to the court for advice regarding the matrimonial home's sale proceeds.
Nathan sought a determination that he and Tracey, though separated, were joint tenants in the home and its proceeds, entitling him to the full amount by survivorship.
The court found that a Memorandum of Understanding (MOU) to sell the property and divide the net proceeds equally, along with other contemporaneous evidence, demonstrated an intention to sever the joint tenancy and create a tenancy in common.
Consequently, the court ruled that the remaining sale proceeds should be distributed equally between Nathan in his personal capacity and Tracey's estate.
