Kathryn M. Ritsma

The decision addresses a motion by Heather Lynne Brose for partition and sale of the matrimonial home, an advance on equalization, and financial disclosure in the context of divorce and equalization proceedings.

The court grants partition and sale, with a four-month stay, orders disclosure by a set date, and grants leave to amend pleadings.

The court reviews the legal principles governing partition and sale, the interplay with the Family Law Act, and the requirements for financial disclosure.

The court, at a pre-trial conference in a construction lien action concerning a dairy barn, determined that expert evidence on construction costing was necessary to resolve disputes over "Extras" and their value.

Neither party intended to call experts.

Pursuant to Rule 52.03, the court ordered the appointment of an independent expert to inquire into and report on whether the claimed extras were outside the fixed-price contract and their value, with fees to be shared initially by the parties.