The moving party (defendant) sought summary judgment dismissing the responding party's (plaintiff's) action for a 50% interest in a residential property, or alternatively, an order for partition and sale.
The parties are sisters.
The moving party is the sole registered owner, but the responding party resides in the property and claims a beneficial interest based on an alleged written agreement.
The court found the alleged agreement to be invalid and likely forged, relying on expert handwriting evidence and factual inconsistencies.
However, the court concluded a trial was necessary to determine if the responding party had any monetary claim to the property's proceeds based on her financial contributions.
The court ordered the property sold, with 50% of the net proceeds paid to the moving party and the remaining 50% paid into court pending trial.
