Yashika Dhall

The respondent husband brought a motion for partition and sale of the matrimonial home to obtain funds for legal expenses and to continue making support payments.

The applicant wife opposed the motion, arguing that she had established a prima facie case for a vesting order to satisfy her claims for equalization and spousal support, and that the sale would prejudice her rights.

The court found that the wife had established a prima facie case for substantial equalization and retroactive spousal support payments exceeding the husband's equity in the home, and that the wife would suffer prejudice if the home were sold before trial.

The motion was dismissed.

This decision concerns the return of an urgent motion made without notice by Dana-Paula Caringi, seeking preservation and disclosure orders regarding property and bank accounts associated with Mauro Caringi and a third party, Ms. Brown, in the context of family law proceedings.

The court reviews the orders previously granted without notice, analyzes the legal basis for preservation and Norwich orders, and ultimately declines to grant the requested relief, finding the necessary legal and evidentiary thresholds unmet.

The court also addresses costs and removes the matter from the trial list.