Short Marriage, Big Property Dispute

In the recent case of Afatmirni v. Sharifi, the Ontario Superior Court of Justice tackled the complexities of property division following the breakdown of a short marriage. Justice Alex Finlayson presided over this case, which revolved around the division of net family property and the ownership of a mixed-use condominium.

Background: Amin Afatmirni and Marjan Sharifi were married briefly, with no children from the union. Financial disputes arose following their separation, particularly concerning the division of property and equalization payments. The husband initially sought exclusive possession of the matrimonial home, but this issue became moot when the wife vacated the property.

Key Legal Issues:

1. Matrimonial Home: While the husband initially wanted exclusive possession, this became a lesser issue once the wife moved out in August 2023.
2. Equalization of Net Family Property: The husband amended his application to request an unequal division of net family property due to the short duration of the marriage. The wife agreed that an unequal division was appropriate but disagreed on the calculation method.
3. Condominium Ownership: A significant point of contention was the ownership of a condominium in Richmond Hill, titled in the wife’s name but purchased by her mother, Roya Souzankari. The husband argued that the entire property should be included in the wife’s net family property, while the wife claimed it was held in trust for her mother.

Court’s Findings: Justice Finlayson determined that Roya Souzankari had a substantial beneficial interest in the condominium, contributing 64% to its purchase, with the remaining 36% owned by the wife. This partial ownership meant that the condominium’s value had to be proportionately divided in the calculation of the wife’s net family property.

Conclusion: The court’s decision did not fully align with either party’s arguments but acknowledged Roya’s significant financial contribution to the condominium. The exact equalization payments and final calculations of the wife’s net family property will be determined in future proceedings. A follow-up meeting via Zoom is scheduled for July 2, 2024.

This case underscores the complexities that can arise in property division, even in short marriages. The nuanced judgment in Afatmirni v. Sharifi highlights the importance of considering all contributions to property ownership and the intricacies of equitable division.

Stay tuned for updates as this case progresses through further legal proceedings.