MARITAL OR FAMILY PROPERTY - Equalization or division - Partition and sale of real property

Law360 Canada ( June 30, 2021, 5:43 AM EDT) -- Appeal by the wife from an order that approved the sale of the former family residence to the husband’s parents. The parties were married for 17 years prior to their separation in 2020. Post-separation, the appellant and the parties’ three children continued to live in the family residence. The respondent was granted sole conduct of the sale of the residence. The order granting the sale contemplated a co-listing involving realtors representing both parties. The respondent listed the residence at the default listing price of $1,425,000 on restrictive terms, over the objections of the appellant. The listing required a 10 per cent non-refundable deposit to accompany all offers. The respondent accepted his parents’ offer to purchase the residence for the list price six days after the property was listed. There was no showings of the residence. In approving the sale, the chambers judge found the respondent had not engaged in any substantive non-compliance with the order....
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