The applicant and respondent, former spouses, entered into an agreement for the applicant to purchase the respondent's home.
The applicant paid a deposit representing half the home's equity.
The transaction failed to close.
The applicant sought an order for the sale of the property under the Partition Act, claiming a one-half interest.
The court dismissed the application, finding that the applicant's interest was in the equity of the property, not an interest in the land itself, and he had no right to immediate possession.
Therefore, he did not qualify for an order of partition or sale.