HARLEY & JACOBS

This matter concerned property adjustment orders made by Judge Baker between the Mother and the Father. The dispute involved the division of assets, specifically concerning a jointly owned property, and the recognition of certain liabilities and contributions.

The court was required to determine how to address the equity in the jointly owned property, including the impact of post-separation mortgage accruals and legal fees. Further issues included the recognition of the Father's earning capacity, the treatment of an unsecured liability, and the overall assessment of the parties' contributions to the marriage and the acquisition, conservation, or improvement of the property.

Judge Baker ordered that the Mother transfer her interest in the real property to the Father, who was then to discharge the existing mortgage and pay the Mother a sum of $68,952. If the Father was unable to comply with these terms, the property was to be listed for sale, with the net proceeds to be applied first to pay the Mother the sum of $68,952, and the balance to the Father. The order also stipulated that the Father would be responsible for mortgage instalments and outgoings pending sale, and that each party would retain their respective sale proceeds from other properties and relinquish claims to various assets and financial resources held by the other, with each party being solely liable for their own debts and liabilities.