What is the current state of the law governing the sale of a matrimonial home?
Ontario, Canada
The following excerpt is from D.R.W. v. C.W., 2018 ONSC 7774 (CanLII):
In Copeland v. Copeland, 2017 ONSC 4475 (CanLII) at paras. 12 and 13, Horkins J. helpfully summarizes the well-established law governing the partition and sale of a matrimonial home:
The law dealing with partition and sale is clear. A joint tenant has a prima facie right to sale prior to trial. This right exists unless the other joint tenant has made claims that would be prejudiced if the property is sold. The party that resists the application for sale, should have an order for interim exclusive possession, or be able to show that the claims she intends to put forward at trial will be prejudiced by an immediate sale. Batler v. Batler (1988), 1988 CanLII 4726 (ON SC), 18 R.F.L. (3d) 211 (Ont. H.C.).
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