Penticton man who abandoned family returns to sue for family home

A Penticton man who abandoned his wife and kids and shacked up with his bookkeeper has failed in his attempt to get his hands on his ex-wife’s money.

According to an April 25 BC Supreme Court decision, Bernd Zoeller didn’t pay a penny of child support to his ex-wife, Alexandra Zoeller, after he left her without warning and moved in with his company bookkeeper, Julia Pakula in 2013.

While his ex-wife was left struggling to raise three children, pay the mortgage, and cover debts accrued by her husband’s failed business, Bernd went bankrupt and lived with his bookkeeper, whose property he inherited in 2019 when she died.

Seven and a half years after the couple separated, Bernd began legal action wanting 50% of the family home.

With the kids now all grown up, the home was sold in 2024 for $670,000, which, after debts were paid left $338,000 — and Bernd wanted half.

BC Supreme Court Justice Gary Weatherill said the law states that upon separation couples are entitled to an equal share of a family property regardless of how much they put into it.

However, the Justice said that if splitting the assets 50/50 was deemed “significantly unfair,” the court would decide how to divvy it up.

In the decision, the Justice says Alexandra highlighted her financial struggles over the years, raising three children without any financial help, and also paying off debts largely related to her ex-husband’s failed business, Zoeller Auto.

“In short, the (wife) and the children were abandoned and left to fend for themselves,” Justice Weatherill said.

The wife argued her ex-husband shouldn’t get a penny.

Without providing any evidence, Bernd said he’d had two heart attacks since 2015 and was now unable to work.

He said that because of his lack of income, his child support payments would have only been $3,331 per year anyway. He said after he left the bookkeeper gave his ex-wife $350 per week for expenses.

Bernd also claimed that he should be given credit for having the $263,000 debt wiped through his bankruptcy.

However, the Justice said Bernd had provided nothing but his “say so” to back up his claims.

The Justice also said he shouldn’t get credit for having the debts eliminated by bankruptcy.

“Given his position that he was unable to work, I suspect none of his creditors received anything,” Justice Weatherill said.

The decision says in the 13 years since Bernd walked out, Alexandra paid $263,000 to maintain the family home and pay family debt.

She argued it should be him paying her half the amount, not the other way around.

The Justice agreed, but said Bernd had no realistic ability to reimburse her.

Justice Weatherill said it would be “manifestly unjust and significantly unfair” to split the assets 50/50 and instead decided the husband should get nothing.

“I cannot come to any other conclusion,” the Justice said.

Bernd is now left having to pay his ex-wife’s court costs.