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Interim motion for partition and sale of jointly owned home dismissed due to prejudice and hardship.
The applicant moved for an interim order for the partition and sale of a jointly owned home under the Partition Act.
The parties had separated following an incident of family violence by the applicant against the respondent's child, resulting in the applicant's removal from the home.
The respondent opposed the sale, arguing it would prejudice her resulting trust claim to be determined at trial and would negatively impact the children.
The court dismissed the motion, finding that an interim sale would prejudice the respondent's trust claim and cause undue hardship to the children, who would be forced to move from their community.
Motion for property division adjourned with directions to amend pleadings as the issue was unpled.
The respondent brought a motion for an equal division of the net proceeds from the sale of a property jointly owned by the unmarried parties.
The applicant opposed, claiming a resulting trust or unjust enrichment based on his unequal financial contributions.
The court found that neither party had pled the issue of property division in their application or answer, and the evidentiary record was deficient.
The court adjourned the motion, granting both parties leave to amend their pleadings and file further evidence.
