RAICHE & RAICHE

The case of *Raiche & Raiche* concerned an application before Judge Hartnett regarding the distribution of funds arising from the sale of the former matrimonial home. The dispute centred on how the remaining balance of these sale proceeds, held in trust by the wife's solicitors, should be allocated.

The primary legal issue before the court was to determine the characterisation of the funds held in trust. Specifically, the court was required to decide whether these monies should be treated as an advance towards property settlement, as a form of spousal maintenance, or a combination of both.

Judge Hartnett ordered that the balance of funds held in the trust account of the wife's solicitors be released to the wife immediately. The court further stipulated that the ultimate characterisation of these monies, as either an advance on property settlement, spousal maintenance, or a blend of both, would be determined by the trial judge at a later stage.