The applicant brought a motion under the Partition Act for the sale of the jointly owned matrimonial home and for an order requiring the respondent to vacate the property to facilitate repairs and staging.
The respondent consented to the sale but opposed vacating the home, citing financial hardship and the need to accommodate her adult son.
The court granted the motion, ordering the respondent to vacate by a specified date, finding that vacant possession was necessary to maximize the sale price and that the respondent had sufficient notice to find alternative accommodation.
The net proceeds were ordered to be divided equally on closing, with the respondent's share subject to deductions for her portion of repair costs and any registered liens.
