Can a court order the sale of a jointly owned matrimonial home?
Ontario, Canada
The following excerpt is from Humphrey v. Humphrey, 2006 CanLII 42709 (ON SC):
As stated by Potts J. in Fraser v. Fraser[2]: The court ought not to order the sale of a jointly owned matrimonial home while one joint tenant has exclusive possession of the home and while the order for sale would defeat claims one joint tenant intends to put forth at trial. In this case the claims that would be defeated are the wife’s claims for exclusive possession of the matrimonial home and support for herself and the youngest child of the marriage.
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