Orders for sale: the creditor and the family home : part one

Mark Pawlowski, James Brown

Research output: Contribution to journalArticle

Abstract

This, the first part of a two-part article on the discretionary powers of the courts to order a sale of the family home at the request of a secured creditor, considers whether the enactment of the Trusts of Land and Appointment of Trustees Act 1996 s.15 has led judicial decision making to favour the interests of the co-owner of the home. Reviews cases heard since the coming into force of the Act, looking at the factors taken into account when balancing the interests of the creditor and debtor, including the continued need to have a family home, the availability of other assets to pay off the debt, the size of the debt and the likelihood of repayment.
Original languageEnglish
Pages (from-to)64-68
Number of pages5
JournalFamily Law
Volume42
Publication statusPublished - 2012

Keywords

  • orders for sale
  • family home
  • trust of land
  • chargees
  • s.15 Trusts of Land and Appointment of Trustees Act 1996

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