Family Home Interim Sale Lawyers Say Act Quickly In This Market!
Our Surrey family home interim sale lawyers know that the Surrey and Vancouver real estate markets are on fire right now. If you are worried about your family home call us now across BC toll free at 1-877-602-9900 or click here to get prompt and sensible counsel. Do not get shut out of the market by delaying.
Our Surrey family home interim sale lawyers also know that real estate markets in Fort St John might be softening while Kelowna may be flat. Our # 1 ranked Vancouver and Surrey family lawyers act for dozens of clients in family home disputes and fights over the interim sale of the matrimonial home (which are called family home interim sale applications). We explain to our clients the pros and cons of selling the family home before trial and we consider whether each party wants to buy the other out, whether both want to sell or where one person argues thay can keep the home after a trial and what factors need to be considered.
Sometimes a party wants to sell the family home before trial because they feel there is no chance either spouse can buy the other out due to huge price gains in Vancouver. Sometimes in family home interim sale, each party needs money ASAP to buy 2 houses before the market goes even higher.
Lorne MacLean, QC our founder at MacLean Law knows acting quickly in this market instead of dithering often makes the most sense.
Hiring Top Choice Awards Best family firm in Vancouver makes good sense.
What Is The Test For Family Home Interim Sale?
The law for a Surrey family home interim sale was recently cited by our Court of Appeal who approved the tidy summary presented by Master MacNaughton in K.J.M. v. P.D.A., 2011 BCSC 1729 at para. 14:
[14] The parties agreed about the principles to be considered and applied by the court when dealing with such an application. They have been set out in a number of cases and include, in summary:
a) If a sale is not necessary then, viewed objectively, it should be advantageous to both parties: Reilly [(1992), 74 B.C.L.R. 101 (C.A.)] at para. 35;
b) Any doubt about the justice of an order for sale should be resolved in favour of the status quo recognizing that the status quo for one spouse may perpetuate an injustice for the other: Bodo v. Bodo, [1990] B.C.J. No. 346 (S.C.) and Reilly at para. 35;
c) Where children are involved, the court should consider their need for stability and easy access to their school and friends, especially in the period immediately following separation. However, stability for the children may be balanced by other factors which affect their best interests including maintaining a relationship with an access parent: Bodo, at p. 12, Dean v. Dean, 2008 BCSC 1176 at para. 14, and L. v. L., 2002 BCSC 871 at para. 33;
d) The availability and affordability of alternative accommodation for each party and their dependents: Bodo at p. 12;
e) The emotional condition of each party especially the party who has primary parenting responsibility: Bodo at p. 12;
f) External economic factors such as a declining market or the wasting of the asset: Bodo at p. 12;
g) The capacity of the parties to maintain the asset: Bodo at p. 12; and
h) The inability of one party to buy out the others interest and the inevitability of the ultimate sale of the property: Lede v. Lede, [1994] B.C.J. No. 1655 (S.C.) at paras. 15-16, Dean v. Dean, 2008 BCSC 1176 at para. 12.
