In what circumstances will a court refuse to order the sale of the matrimonial home?
British Columbia, Canada
The following excerpt is from Gjernes v. Gjernes, 2010 BCSC 168 (CanLII):
It has been held in other cases that where children of the marriage are residing in the matrimonial home with the custodial parent that an order for sale would be disruptive and put the children and the custodial parent in economic jeopardy, the court has, in those circumstances, refused to make an order for sale until circumstances change. It has been held, however, that the presence of children in the house will not alone result in a court’s refusal to make an order for sale. The presence of children must be reasonably balanced with the economic circumstances involved in the case. The presence of children in the house will not alone result in a refusal of an order for sale. See Barker v. Barker 2002 BCCA 245 and McLaren v. McLaren 1998 B.C.J. No. 2485 (S.C.).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In what circumstances will the BC Supreme Court of Justice order a further review order to order that an expert in economic forecasting of the economic circumstances of a separated spouse be reviewed? (British Columbia, Canada)
In what circumstances will the Supreme Court order that an order be made by the Court of Appeal be made in special circumstances? (British Columbia, Canada)
In what circumstances will the Supreme Court in BCSC 871 interpret the principles of the Court of Appeal in the context of the Canadian Court of Justice's decision on the doctrine of common law? (British Columbia, Canada)
In what circumstances will the court refuse to order production of photographs? (British Columbia, Canada)
Does the consent order of 1981 consent order on spousal support issue order apply to a nominal support order? (British Columbia, Canada)
In what circumstances will a court order that the proceeds of a sale of machinery be returned to the court as proceeds of the sale of the machinery for damages? (British Columbia, Canada)
In what circumstances will the husband be ordered to pay costs to the wife for his failure to comply with the rules of court and order the wife to pay solicitor and client costs? (British Columbia, Canada)
In what circumstances will the court refuse to accept an offer to settle with the orders made in a family proceeding? (British Columbia, Canada)
In what circumstances will a court order a 70/30 split of the family home? (British Columbia, Canada)
In what circumstances will the Supreme Court of Canada order an order to demolish or demolish a building that was being built without planning permission? (British Columbia, Canada)
