The respondent brought a motion for the sale of the matrimonial home.
The applicant opposed, seeking to buy out the respondent's share and arguing that financial disclosure was delayed.
The court found that the respondent's pleading was sufficient to invoke the Partition Act.
While acknowledging the respondent's prima facie right to sale, the court delayed the sale to allow the applicant time to secure financing for a buyout, given the recent receipt of financial disclosure and the children's best interests.
If financing is not secured by a set date, the home must be listed for sale.