The respondent father brought a summary judgment motion seeking a declaration that the matrimonial home, registered solely in the applicant mother's name, was held in trust for both of them, and an order for its sale.
The paternal grandmother, who had advanced funds for the home's purchase, supported the motion and abandoned her proprietary claim, seeking only repayment.
The court found no genuine issue for trial regarding ownership, concluding the father had an equal beneficial interest based on unjust enrichment.
The court ordered the sale of the matrimonial home within 45 days, with $500,000 of the proceeds to be held in trust pending resolution of the grandmother's civil action and other financial issues.
