Q&As

In proceedings for a financial remedy on divorce can the court order the parties to renovate or do works to a property from their own funds prior to sale of the property?

read titleRead full title
Produced in partnership with Matthew Haynes of St Ives Chambers
Published on LexisPSL on 17/11/2017

The following Family Q&A produced in partnership with Matthew Haynes of St Ives Chambers provides comprehensive and up to date legal information covering:

  • In proceedings for a financial remedy on divorce can the court order the parties to renovate or do works to a property from their own funds prior to sale of the property?

The powers of the court are set out in sections 23–24 of the Matrimonial Causes Act 1973 (MCA 1973). While those powers relate to the sale of land and the payment of lump sums, nothing expressly relates to ordering one or both parties to renovate a property. This is in contrast to the powers included in the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996), whereby the court’s powers extend to that which a trustee could do (and a trustee could carry out repairs). TOLATA 1996, s 14(2) states:

‘(2) On an application for an order under this section the court may make any such order—

(a) relating to the exercise by the trustees of any

Related documents:

Popular documents