The respondent husband moved for an interim order listing the jointly owned matrimonial home for sale and directing disbursement of sale proceeds.
The court applied the legal principles governing partition and sale of matrimonial homes, including the prima facie right of a joint tenant to sale and the need to avoid unfair prejudice to legitimate family law claims.
The applicant wife had unresolved claims for spousal support, equalization, and tort damages arising from alleged family violence, and the court found that sale proceeds would likely have to remain in trust.
The court also accepted that sale would negatively affect the children and the applicant wife, who was treated as a vulnerable spouse.
The motion for sale was dismissed, with costs presumptively payable to the successful resisting party.
