McLaren-Josephs, Heather Fern v Nigel Archibald Josephs

The parties' interest in the family home-Principal asset-Statutory rule creates an entitlement to equal interest-Equal share rule is the norm but may be displaced-For the rule to be displaced, it has to be shown to be unreasonable or unjust-What constitutes a section 7 factor-No requirement that inheritance factor occurs before the marriage-Once a section 7 factor exists then court can consider all other circumstances including contribution-Inheritance money used to repay mortgage-Post separation contributions do not effect entitlement at separation-Occupation rent-Payment of interest equivalent to payment of occupational rent-Rental Income-Other property-Different considerations-Motor vehicle-Factors that support and rebut a presumption of Gift.