The applicant sought equalization of net family property, claiming the parties separated in 2017 and that the respondent's property was a matrimonial home.
The respondent argued they separated in December 2004, before she purchased the property.
Following a focused hearing to determine the date of separation, the court applied the factors from Al-Sajee v Tawfic and found that the parties separated in December 2004.
The court accepted the respondent's evidence that she allowed the applicant to stay at the property to foster a relationship with their children and convalesce after brain surgery, but that there was no marital relationship.
