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Child support Motion granted
The applicant sought an order for the partition and sale of the matrimonial home.
The respondent opposed this and brought a cross-motion for exclusive possession, retroactive child and spousal support, and an order to include pre-marriage co-habitation in pension valuation.
The court granted the applicant's motion for partition and sale, finding that the respondent's arguments for delaying the sale, including the children's attachment to the home and the "joint family venture" claim, were insufficient to defeat the prima facie right to sale.
The respondent's motion for exclusive possession was dismissed, but other aspects of her cross-motion were preserved for future determination.
The court ordered the matrimonial home to be listed for sale with a closing date not before June 26, 2020, and for a portion of the proceeds to be held in trust.
