What is the hardship of leaving her husband in the matrimonial home and subsequently seeking to sell it under the Partition Act?
Ontario, Canada
The following excerpt is from Garfella Apartments Inc. v. Chouduri, 2010 ONSC 3413 (CanLII):
A similar finding was made in Klakow v. Klakow, [See Note 22 below] in which a wife left her husband in the matrimonial home and subsequently sought to sell it under the Partition Act. The husband was blind, no longer employable and had nowhere else to live. This was found to constitute hardship.
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