Can a husband who is joint owner of a jointly owned property obtain a sale remedy against his estranged wife?
Ontario, Canada
The following excerpt is from Garfella Apartments Inc. v. Chouduri, 2010 ONSC 3413 (CanLII):
A husband who was a joint owner of property was denied a sale remedy in Barker v. Barker. [See Note 21 below] The spouses had been separated for 20 years after the husband left Canada to reside in England. During that time, the wife resided in the house, raised the children on her own and made all mortgage and property tax payments herself. At the time of the husband's application, the wife was 59 years old, still had children living with her in the home and was an artist who worked out of the home. The husband's application was dismissed on the grounds that a sale at that time would be a "serious hardship" for the wife.
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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