The applicant husband brought a motion for the immediate interim sale of the jointly owned matrimonial home.
The respondent wife opposed the sale and brought a cross-motion to amend her pleadings to seek a vesting order, citing the husband's significant spousal support arrears.
The court dismissed the husband's motion, finding that an interim sale would prejudice the wife's claims at the imminent trial, particularly given the outstanding disclosure and the disputed validity of a $500,000 mortgage held by the husband's mother.
The wife's motion to amend her pleadings was granted.
