Q&As

Where a final order made in financial remedy proceedings provides that the net proceeds of sale of a former matrimonial home be divided equally between the parties, but no order for sale is included in the order, what action can be taken to execute a sale of the property where one party is not cooperating?

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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
Published on LexisPSL on 05/09/2016

The following Family Q&A produced in partnership with Katherine Illsley of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Where a final order made in financial remedy proceedings provides that the net proceeds of sale of a former matrimonial home be divided equally between the parties, but no order for sale is included in the order, what action can be taken to execute a sale of the property where one party is not cooperating?
  • Case study

Where a final order made in financial remedy proceedings provides that the net proceeds of sale of a former matrimonial home be divided equally between the parties, but no order for sale is included in the order, what action can be taken to execute a sale of the property where one party is not cooperating?

Case study

In financial remedy proceedings between A and B, the final order recorded in the recitals that there was an agreement that the former matrimonial home would be sold, and the net proceeds of sale divided equally between the parties. The order does not specifically include an order for sale but does include an order that the wife instruct a particular estate agent and that that the conveyancing be conducted by her solicitor. There have been various problems with the husband co-operating with the sale. No purchaser has yet been found for the property, but the wife would like to execute a sale at the earliest possible opportunity.

Were it the case that the order provided for sale of the matrimonial home, and one party was obstructing that sale, an application could be made for directions concerning the

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