• Hasan Hadi

Divorced wife prevents family home from being sold


Divorced wife prevents family home from being sold

A divorced wife has prevented her ex-husband from selling the family home until their daughter has finished her education.


The couple’s marriage broke down after 25 years together, and the husband’s business had gone into liquidation.


The husband issued an application under the Family Procedure Rules 2010 for an interim order for the sale of the property. The wife agreed the house would need to be sold but wished to remain living there for another 18 months to allow her daughter to complete her education at the local school.


The judge granted the interim order, concluding that there was good reason to sell the home.


The wife appealed on the basis that the judge had no jurisdiction to terminate her rights of occupation of the home under the 2010 Rules.


She claimed it was well established that an order for sale could not be made as an interim measure during financial remedy proceedings.


The 2010 Rules regulated the procedure of the court and could not extend the court's jurisdiction. There was no freestanding power to make an interim order for the sale of the home.


The Court of Appeal concluded that the judge had reached the wrong decision. There was no proper application before him on which he could make an interim order for the sale of the former matrimonial home. The order was set aside.


Please contact our expert legal team on 0208 004 0065 or using the form below if you would like more information or advice about the issues raised in this article, or any aspect of family law.


Case citations: [2018] EWFC 11 / WS v HS (2018) / Fam Ct (Cobb J)

What We Offer You

Expert

Solicitors

Price

Promise

Expert Solicitors, Legal Experts, Solicitor, Family Law Expert, Family Law Solicitors, Divorce Lawyers, Divorce Experts, Divorce Solicitors
Price Promise, Low Fees, Low Costs, Fixed-Fees, Best Prices

Skype

Meetings

24/7

Enquiry Line

​24/7 Enquiry Line
Skype Meetings, Telephone Conferences, Facetime Meetings, Webcam, Remote Meetings, Flexible

Out of Hours

Appointments

Quick

Responses

Quick Responses, Same Day Call, Quick Chat, Urgent Service
Out of Hours Appointments, Evening Meetings, Weekend Meetings, Evening Appointments, Weekend Appointments, Saturday Appointments

No Hidden

Fees

Modern

Service

No Hidden Fees, Low Costs, Best Prices, Low Cost Divorce, Fixed-Fees, Best Prices, Reasoanble Legal Fees
Modern Service, Technology, Secure Electronic Access, Electronic Files, Paperless

Expedited

Services

Law Society

Accreditation

Law Society Accreditation, Family Law Advanced Panel, Family Law Advanced Accreditation, Law Society Panel
Expedited Services, Urgent Service, Quick Service, Urgent Matters, Emergency Cases
Do you need to discuss your family law matter with a solicitor?
Call us now or send an enquiry below to discuss your options!