MICHAELS & PELGER

This case involved a property dispute between Michaels and Pelger, a de facto couple of over 20 years, heard by Judge Burchardt. The central issue was the division of assets and liabilities, particularly concerning significant debts incurred by the husband in the latter years of the relationship without the wife's knowledge or consent. The wife sought to have these debts added back to the husband's notional property pool and to retain the matrimonial home, but the complexity of third-party interests in the debts complicated final orders.

The court was required to determine how to address the husband's substantial debts, which were alleged to have been incurred without the wife's consent, and their impact on the property settlement. Further, the court needed to consider the wife's claim to retain the matrimonial home and the practical steps required to facilitate the sale of various assets, including vehicles and equipment, to address the financial liabilities. The court also had to manage the immediate possession and sale of certain items while awaiting further financial information and valuations.

Judge Burchardt's reasoning focused on the need to gather further evidence regarding the parties' capacity to refinance the matrimonial home and to address the outstanding debts. The court permitted the husband to attend the property to prepare specific items for sale, with strict conditions regarding notice and supervision by the wife or her nominee. The proceeds of these sales were to be applied towards specified business liabilities. The husband was also permitted to take possession of certain concreting tools for his trade, and liberty was granted for him to obtain a valuation of the property. The matter was adjourned for mention, with liberty to apply for an earlier hearing once the sale of items was complete and financial capacity was demonstrated.