The applicant moved for the partition and sale of the jointly owned matrimonial home.
The respondent opposed the sale, seeking exclusive possession to assess the home's value and potentially purchase the applicant's interest.
The court granted the motion for partition and sale, finding no malicious or oppressive conduct by the applicant and noting the respondent failed to establish a realistic claim for exclusive possession under section 24 of the Family Law Act.
The court ordered the property to be listed for sale and directed the parties to exchange updated financial statements to account for personal property sold post-separation.