Worsnop and Worsnop (No. 2)

This matter concerned property settlement and spousal maintenance applications between a husband and wife, with an intervenor also involved. The court was asked to determine how the former matrimonial home should be sold and how its proceeds should be distributed, as well as to make orders regarding spousal maintenance and the division of personalty. Additionally, the court considered an application for a decree of nullity of marriage.

The primary legal issues before the court were the terms of the sale of the former matrimonial home, including the reserve price and the distribution of sale proceeds, and the continuation or dismissal of spousal maintenance orders. The court also had to determine the ownership of personalty and address the application for a decree of nullity of marriage, considering the time limits for subsequent applications concerning property or maintenance.

Justice Rose ordered that the former matrimonial home be sold by public auction with a specified reserve price, or otherwise sold at the best reasonably obtainable price if the reserve was not met. The proceeds were to be applied first to sale expenses, then to legal costs, with the remainder split equally between the husband and wife. A portion of the balance was to be paid to the intervenor, subject to any lump sum child support order. The court also ordered that spousal maintenance continue until the sale of the home was completed, dismissing the wife's application for lump sum spousal maintenance. A decree of nullity of marriage was pronounced, with a notation that any applications for property or maintenance must be made within 12 months of the decree.