Q&As

Where an order for sale has been made, and the respondent refuses to engage in the process for sale, should an application be made under the Family Law Act 1996 for an occupation order? What other remedies are available to force an owner to leave so the property can be sold?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 24/08/2017

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

  • Where an order for sale has been made, and the respondent refuses to engage in the process for sale, should an application be made under the Family Law Act 1996 for an occupation order? What other remedies are available to force an owner to leave so the property can be sold?

Where an order for sale has been made, and the respondent refuses to engage in the process for sale, should an application be made under the Family Law Act 1996 for an occupation order? What other remedies are available to force an owner to leave so the property can be sold?

The court has the power within financial remedy proceedings to make an order for sale. Section 24A of the Matrimonial Causes Act 1973 (MCA 1973) provides that where a secured periodical payments order, an order for the payment of a lump sum or a property adjustment order has been made, the court can, on the making of that order or at any time thereafter, make a further order for the sale of specified property in which either party

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