The applicant spouse brought an interim motion in family litigation seeking various remedies including striking the respondents’ pleadings, interim spousal support, exclusive possession of the matrimonial home, and restraining orders.
A co-owner brother of the respondent spouse brought a cross-motion seeking partition and sale of the jointly owned property under the Partition Act.
The court held that the evidentiary record raised multiple triable issues concerning ownership contributions, occupation rent, and mortgage liabilities.
The court ordered the matrimonial home to be listed for sale but directed that the net proceeds be held in trust pending trial.
Interim spousal support of $1,500 per month was ordered and the husband’s share of certain trust funds was allocated toward support.
Claims regarding child support, final distribution of sale proceeds, and other financial disputes were reserved for trial.