The parties brought competing motions regarding the jointly owned matrimonial home.
The father sought exclusive possession, while the mother, who resided in the home with the children, sought partition and sale.
The court dismissed the father's claim for exclusive possession, finding no basis for it.
The court granted the mother's request for partition and sale, noting the prima facie right to sale, the unsustainable carrying costs, and the lack of prejudice to the father.
The court also ordered that the mother receive 50% of the net proceeds of the sale immediately, with the remainder held in trust.
