sec.35Sale and division of proceeds to be preferred

### sec.35 Sale and division of proceeds to be preferred If the court decides to make an order for the sale or division of the property, the court must make an order under section 34 (2) (a) unless the court considers an order under section 34 (2) (b) or (c) would be more just and fair. In deciding whether an order under section 34 (2) (b) or (c) would be more just and fair, the court must consider— the use being made of the property, including, for example, any use of the property for residential or business purposes; and whether the property is able to be divided and the practicality of dividing the property; and any particular links with or attachment to the property, including, for example, whether the property is unique or has a special value to 1 or more of the co-owners. Subsection (2) does not limit or otherwise affect the matters the court may consider. (sec.35-ssec.1) If the court decides to make an order for the sale or division of the property, the court must make an order under section 34 (2) (a) unless the court considers an order under section 34 (2) (b) or (c) would be more just and fair. (sec.35-ssec.2) In deciding whether an order under section 34 (2) (b) or (c) would be more just and fair, the court must consider— the use being made of the property, including, for example, any use of the property for residential or business purposes; and whether the property is able to be divided and the practicality of dividing the property; and any particular links with or attachment to the property, including, for example, whether the property is unique or has a special value to 1 or more of the co-owners. (sec.35-ssec.3) Subsection (2) does not limit or otherwise affect the matters the court may consider. - (a) the use being made of the property, including, for example, any use of the property for residential or business purposes; and - (b) whether the property is able to be divided and the practicality of dividing the property; and - (c) any particular links with or attachment to the property, including, for example, whether the property is unique or has a special value to 1 or more of the co-owners.