The applicant sought an order for the immediate sale of the matrimonial home due to financial inability to maintain it and accumulated debt.
The respondent opposed the sale and brought a cross-motion for an order requiring the applicant to pay for an expert report to assess his pre-marriage assets.
The court granted the order for the immediate sale of the matrimonial home, finding that the respondent's claim for exclusive possession did not raise a triable issue and that the sale was in the interest of both parties to satisfy debts and preserve equity.
The respondent's motion for interim disbursements for an expert report was dismissed, as the court was not convinced of a prima facie case of sufficient merit or necessity, especially since the applicant had already provided an expert report.