What is the test for a motion for partition and sale of a matrimonial home?
Ontario, Canada
The following excerpt is from Manteaw v. Nyarko, 2011 ONSC 5407 (CanLII):
The applicant seeks the partition and sale of the matrimonial home, which the respondent has occupied solely since August 2009. Applicant has provided me the authority Thompson v. Fitzjames, 2004 CanLii 48892 (ON SC), a decision of Tulloch J.
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