The respondent husband brought a motion for an order to list the jointly-owned matrimonial home for sale under the Partition Act.
The applicant wife opposed the motion, citing health issues, attachment to the community, and alleged oppression by the husband, despite having previously consented to the sale.
The court granted the motion, finding that the sale would not prejudice the wife's substantive family law rights and that her reasons for opposing did not overcome the husband's prima facie right to have the asset sold.
