The applicant father sought partition and sale of the matrimonial home, while the respondent mother opposed, citing the child's well-being and her financial situation, and also brought a motion to strike parts of the father's affidavit.
The court granted the father's motion for partition and sale, finding that the mother had not demonstrated prejudice to her rights or the child's needs sufficient to deny the prima facie right to sale.
The mother's motion to strike evidence was dismissed.
