The respondent brought a motion for partition and sale of an investment property held as tenants in common (90% respondent, 10% applicant).
The applicant sought dismissal of the motion pending determination of his resulting trust and unjust enrichment claims regarding beneficial ownership.
The court dismissed the motion without prejudice, finding it premature in the absence of completed financial disclosure and net family property statements.
The court held that ownership issues must be determined before partition and sale can be ordered, and that the respondent's financial hardship did not justify immediate sale when carrying costs were offset by rental income.
