What is the effect of a spouse's request for partition or sale of the marital home?
Manitoba, Canada
The following excerpt is from Arnold Bros. Transport Ltd. v. Murphy, 2013 MBQB 137 (CanLII):
He correctly stated that negotiations between joint owners are relevant and often determinative (see Lam v. Le Estate …). He noted, however, that here there were only the pleadings and no subsequent negotiations about the marital home. He found the respondent’s request for partition or sale in her petition was insufficient to establish either intention or mutuality. …
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