MACCRACKEN & EVERETT

In the matter of MACCRACKEN & EVERETT, Judge Hartnett of the Federal Circuit Court made orders concerning the division of property between a husband and wife. The dispute involved the former matrimonial home, another property, and various financial resources and liabilities of each party.

The court was required to determine how the parties' assets and liabilities should be divided, including the disposition of the former matrimonial home and another property, the distribution of proceeds from the sale of the former matrimonial home, and the allocation of responsibility for existing mortgages and other debts. The court also needed to address the retention of other property and superannuation entitlements by each party and to make provision for the enforcement of its orders.

The court ordered the husband to transfer his interest in the former matrimonial home to the wife, who would then assume liability for the mortgage and indemnify the husband. The wife was also ordered to refinance the mortgage within 12 months to release the husband from liability. The proceeds from the sale of the former matrimonial home were to be divided, with the wife receiving a specified sum and interest, and the husband receiving the balance. The wife was to transfer her interest in another property to the husband. The court also made orders regarding the retention of other property and liabilities by each party, including superannuation, and provided for the execution of documents by a Registrar if necessary. Costs were also awarded to the wife.