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Motion for partition and sale of jointly owned property granted due to unsustainable carrying costs.
The respondent husband brought a motion for the partition and sale of a jointly owned property where the applicant wife and children currently reside.
The wife opposed the sale, arguing she wished to purchase the husband's interest but could not do so until equalization was determined.
The court granted the motion, finding that the carrying costs were unsustainable for the family, the wife had taken no concrete steps to purchase the property, and a sale was inevitable.
The net proceeds were ordered to be held in trust pending final resolution of the parties' family law claims.
