Q&As

What considerations does the court take into account when ordering the sale over a family home? Does the court treat a family home differently to an order for sale over the debtor's other property?

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Produced in partnership with Kayleigh Lindford of Clarke Willmott
Published on LexisPSL on 09/03/2018

The following Dispute Resolution Q&A produced in partnership with Kayleigh Lindford of Clarke Willmott provides comprehensive and up to date legal information covering:

  • What considerations does the court take into account when ordering the sale over a family home? Does the court treat a family home differently to an order for sale over the debtor's other property?

The court’s power to make an order for sale comes from CPR 73.10C.

CPR PD 73, para 4.3 sets out the information that must be included within the application for an order for sale. The court requires details of the following, in addition to basic information regarding the property and charging order:

  1. Details of all creditors and the amount they are owed

  2. An estimate of the price which would be obtained on the sale of the property

  3. If the claim relates to land, details of every person who to the best of the claimant’s knowledge is in possession of the property

  4. If the claim relates to residential property, state whether a Class F land charge or notice under section 31(10) of the Family Law Act 1996 has been registered and on whose behalf

Where the debtor owns the property jointly, section 14 of the Trusts of Land and Appointment of

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