The applicant father brought a motion for the immediate sale of the jointly owned matrimonial home.
The respondent mother opposed the sale, arguing she and the children should remain in the home until the youngest child reached 21.
The court found no evidence that the applicant's request was malicious, vexatious, or oppressive, nor that the sale would adversely affect the children.
The motion was granted, with the home ordered to be listed for sale and a portion of the net proceeds released to each party upon closing.