What is the test for an interlocutory order for the sale of a property in a family law matter?
British Columbia, Canada
The following excerpt is from Morrison v Greenwood, 2020 BCSC 1356 (CanLII):
The criteria for an interlocutory order for sale of property are whether it is expedient and necessary. Those words were described in… [Bodo v. Bodo …] as encompassing, in family law proceedings, a number of factors: the needs of the children; the availability of alternative accommodation; the emotional condition of the spouses; external economic factors; wasting of the asset; and the capacity of both parties to maintain the asset. In Reilly v. Reilly … the court adopted the word ‘advantageous’ in place of ‘expedient’, at para. 35: At the risk of over simplification my own view is that what the rule requires, where necessity is not in issue, is that the proposed sale be advantageous to both parties.
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