The respondent husband brought a motion for partition and sale of the jointly held matrimonial home under the Partition Act.
The applicant wife opposed the sale, asserting outstanding family law claims including spousal support, equalization, and tort damages for alleged intimate partner violence.
The court found that the wife had legitimate family law claims that would be unfairly prejudiced by a sale and disbursement of proceeds, that the children would experience negative impacts beyond the inevitable disruptions of separation, and that the wife qualified as a vulnerable spouse.
As the sale proceeds would need to remain in trust pending resolution of the financial claims, there was no practical advantage to forcing the sale.
Motion dismissed.
