The moving party sought an order under the Partition Act compelling the sale of a matrimonial home following separation.
The responding spouse opposed the sale, arguing that competing claims regarding ownership and the validity of two marriage contracts created substantial rights that could be prejudiced by an immediate sale.
Evidence suggested the responding spouse, an elderly individual residing in the home with a permanently disabled adult child, would suffer hardship if required to relocate before trial.
The court held that while co-owners have a prima facie right to partition and sale, the discretion under the Partition Act allows refusal where hardship or oppression would result.
Given unresolved issues regarding ownership and the potential prejudice to the responding spouse’s rights under family law claims, the motion for sale was dismissed.
