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 interest in the matrimonial home and then sought an order under section 30 of the Law of Property Act, 1925 for the sale of the house. The Deputy Master made that order and the wife appealed asking the court to exercise its discretion to defer the sale of the house until all of the children of the family had reached the age of 18 or completed full time education.
Held: The court applied Abbey National -v- Moss and dismissed the appeal and confirmed the order made under s.30. The chargee was in the same position and subject to the same reasoning as Mrs Moss. She was unable, save in exceptional circumstances, to prevent the sale of a house by a chargee.
Judges:
Laddie J
Citations:
Independent 03-Nov-1995, [1996] 1 FLR 258
Statutes:
Jurisdiction:
England and Wales
Citing:
Followed – Abbey National plc v Moss and Others CA 1994
Mrs Moss inherited the former matrimonial home. Her daughter (L) suggested that she transfer it into their joint names to ease its transfer on her mother’s death. It was agreed the house would never be sold during Mrs Moss’s lifetime. L borrowed . .
Cited by:
Cited – Bank of Baroda v Dhillon and Dhillon CA 17-Oct-1997
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 . .
Cited – Regina v Braintree District Council ex parte Halls Admn 2-Jul-1999
Where a local authority had sold a property to a tenant, and the tenant later came back to request the release from one of the covenants given on the sale, the council was free to charge an appropriate sum for that release. It was not a covenant . .
Lists of cited by and citing cases may be incomplete.
Banking, Land
Updated: 15 May 2022; Ref: scu.78206