The Respondent, James Lambis, sought a court order to sell a jointly owned investment property. He agreed to release half of the net proceeds to the Applicant, Mary Tsombanakis, with his share held in trust until financial disputes are resolved.
· Background:
Married in 2002, the parties dispute their separation date (Applicant: November 2023, Respondent: July 2020).
The Respondent purchased a separate condominium after separation, and both parties own an investment property bought in 2007 for redevelopment, which is now uninhabitable.
· Positions:
Applicant: Opposes the sale, citing malicious intent to reduce her financial support and a desire to retain the property for income.
Respondent: Argues the sale is necessary to facilitate an equalization payment owed to the Applicant.
· Court's Analysis:
The court found no sufficient reason to deny the sale under the Partition Act, which allows joint tenants to request property sales.
While acknowledging the Applicant’s concerns, the court determined they do not outweigh the Respondent's legal rights to sell the property.
· Decision:
The court ordered the sale of the property with proceeds to be divided between the parties.
The Applicant must pay $2,500 in costs to the Respondent from her share.
Future motions are limited until a settlement conference in October 2024.
