The applicant mother and respondent father separated, and the mother remained in the jointly owned matrimonial home with their two children.
The mother brought a motion for temporary exclusive possession of the home, while the father brought a cross-motion for the immediate sale of the home and occupation rent.
The court granted the mother's motion for exclusive possession, finding it was in the best interests of the children and that an immediate sale would prejudice the mother's claims at trial.
The father's motion for sale and occupation rent was dismissed, as the carrying costs paid by the mother roughly equalled the requested rent.
