What is the test for whether a spouse has done anything to force a sale of their home?
Ontario, Canada
The following excerpt is from Finch v. Finch, 2018 ONSC 5575 (CanLII):
In the Virc decision, drawing from Higgins v. Higgins, [2011] O.J. No. 3011 (S.C.J.), the expanded version of this factor is “[w]hether the non-occupying spouse moved for the sale of the home and, if not, why not.” This is similar to the previous factor and again, other than both parties individually contacting a real estate agent at different points in time before the application, nothing was done by the wife to force a sale, notwithstanding that she had been in contact with a lawyer. Support/Carrying Charges/Conduct
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