The appellant appealed an order for the partition and sale of the jointly owned matrimonial home.
The appellant argued the motion judge erred by misunderstanding a prior order, ordering the sale despite a prima facie case for unequal division of net family property, and failing to consider evidence of oppressive conduct related to the sale.
The Divisional Court dismissed the appeal, finding no palpable and overriding error or error of law in the motion judge's comprehensive reasons, which correctly applied the law regarding a joint tenant's prima facie right to sale before trial.
