Montana and Toth

The case of *Montana and Toth* concerned a dispute between the Applicant and the Respondent regarding the division of their property. The matter was heard by Judge Small.

The court was required to determine how the parties' various assets and liabilities should be divided between them. This included real property, motor vehicles, monies held in trust, and other chattels. The court also had to consider the allocation of responsibility for any liabilities associated with these assets and the distribution of net assets.

Judge Small ordered that the Applicant would retain Property A and indemnify the Respondent against any liability concerning it, along with Motor Vehicle B and certain monies received as partial property settlement. The Respondent was to retain Property C proceeds, Motor Vehicles D and E, his work van, tools, equipment, furniture from Property F, and monies received as partial property settlement. Crucially, the net proceeds from the sale of Property F were to be distributed such that the Applicant received 45% and the Respondent received 55% of the parties' total net assets. Further orders stipulated that each party would be solely entitled to other property in their possession, joint bank accounts were to be divided in the same 45/55 proportion, insurance policies would remain with the named owner, each party would indemnify the other against liabilities on property awarded to them, joint tenancies were severed, and each party forwent claims to any inheritances of the other.