A property had been bought in the husband’s name. The wife made financial contributions to repayment of the charge, and thereby acquired an interest in it. The property was later charged by the paper owner to the claimant, who sought possession under that charge. The wife resisted.
Held: The discretion of court to order the sale of a house under Act is not limited as against a party even though that party may have the prior interest. A sale ordered was ordered.
Judges:
Lord Justice Roch Mr Justice Cazalet
Citations:
Times 04-Nov-1997, [1997] EWCA Civ 2511
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Re Citro, Lloyds Bank plc v Byrne and Byrne, Abbey National plc v Moss and others and Barclays Bank plc v Hendricks CA 1991
Trustees in bankruptcy of bankrupt husbands successfully appealed for the removal of provisos delaying the operation of orders for sale made under s30 in respect of each husband’s matrimonial home for the benefit of that husband’s wife who had been . .
Cited – Lloyds Bank plc v Byrne and Byrne 1993
A husband held the matrimonial home on trust for sale for himself and his wife in equal shares. The couple lived in the house. The husband and another man were in business with through a limited company, and guaranteed the its debts to the . .
Cited – Barclays Bank Plc v Hendricks and Another ChD 3-Nov-1995
The wife was co-owner of the family home. Her husband owed money to the bank. He separated from his wife and left the matrimonial home moving to another house owned by the wife. The bank obtained a charging order absolute against the husband’s . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 09 November 2022; Ref: scu.142909
