07 May C.G.H. v. N.M.H.

             THE COURT:  The plaintiff seeks an order for an interim sale of the family home in West Kelowna on Country Pines Drive. She seeks this order prior to trial pursuant to Rule 43 of the Supreme Court Rules. Rule 43 gives the court discretion to order an interim sale of the matrimonial home where it is necessary or expedient to do so. The court has considered many factors in determining necessity and expedience, including the factors set out in the Continuing Legal Education of B.C. Family Law Source Book at page 844. I am going to summarize some of those:(a)      whether a sale is apt to promote an early settlement;(b)      where a sale is apt to defeat a spouse’s claim for reapportionment;(c)      whether the sale is inevitable;(d)      whether the sale would put a spouse and children on the street pending resolution of the litigation;(e)      whether there is alterative accommodations available; and(f)       whether the proceeds would fall entirely to creditors....