In what circumstances will a judge order the sale of the matrimonial home where no evidence was provided to show that the house was necessary for the purposes of the children?
Ontario, Canada
The following excerpt is from Scodras v. Scodras, 2005 CanLII 14146 (ON SC):
The fact situation is comparable to that in Cox v. Adibfar [2000] O.J. No. 2238 (S.C.J.), where Benotto J. granted an order directing sale of the matrimonial home. There, as here, no evidence was tendered to show this particular house was necessary for the children.
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