The parties sought determination of several issues regarding the calculation of net family property, including whether a 'granny flat' occupied by the wife's mother formed part of the matrimonial home, whether an investment account was a gift from the husband's father, and whether the wife was a joint owner of that account.
The court held that the granny flat was part of the matrimonial home as it was ordinarily occupied by the family.
The court also found that the investment account was a gift to the husband, but that he subsequently made an immediate gift of a joint interest to the wife by signing a joint account agreement.
The court applied a pro rata approach to trace the remaining gift funds in the mixed investment account.
