Can the Court Order the Sale of Property After Divorce?

Can a Court Order the Sale of a Property After Divorce?

Yes. Under Section 24A of the Matrimonial Causes Act 1973, the court can order the sale of a property as part of a financial settlement in divorce or civil partnership dissolution. This is known as an order for sale, and it allows the court to ensure that financial obligations - such as lump sum payments or property transfers - can be met.

What Is an Order for Sale?

An order for sale is a legal directive requiring a property to be sold, with the proceeds divided according to the court’s financial remedy order. It is often used to:

• Enforce a property adjustment order
• Fund a lump sum payment
• Facilitate a clean break between parties

The order can be made at the same time as the financial settlement or at a later date.

When Will the Court Make an Order for Sale?

The court considers several factors, including:

• Whether the property is needed to house dependent children
• The housing needs of both parties
• Whether one party can buy out the other’s share
• The intentions of both parties
• Any third-party interests in the property

If children are involved, the court may delay the sale until they reach 18 or finish full-time education (similar to a Mesher order).

What If One Party Refuses to Sell?

If a party fails to comply with the order, the other can apply to the court for enforcement. The court may:

• Appoint a trustee for sale
• Authorise the sale without the other party’s cooperation
• Use enforcement mechanisms such as charging orders or bailiff action

Can the Court Make an Interim Order for Sale?

Yes. The court also has a limited power to make an interim order for sale. There are three possible routes available to the court to do so, which are applications under: 

1. Section 17 of the Married Women’s Property Act 1882 

2. Sections 13 and 14 of the Trusts of Land and Appointment of Trustees Act 1996 

3. Part 20.2(1)(c)(v) of the Family Procedure Rules 

However, there is disagreement as to whether the last route is really an option.

According to Mostyn J, an interim order for sale can be made in this way. In SR v HR & Ors [2018] EWHC 606 (Fam) he noted Cobb J’s opposing view that Part 20.2(1)(c)(v) of the FPR is a procedural provision which can only be used where there is another statutory basis. As such, Mostyn J advised that applications should be made under section 17 of the Married Women’s Property Act 1882 until the issue has been resolved by a higher court. 

Our expert divorce solicitors can help you understand your rights and options when it comes to property division and court-ordered sales. Contact Vardags today for a free initial consultation.

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Frequently Asked Questions

Q: Can a court force the sale of a house after divorce?

A: Yes. The court can order the sale to enforce a financial settlement or ensure fairness.

Q: What if the house is in one person’s name?

A: Ownership does not prevent the court from ordering a sale if the property is considered a matrimonial asset.

Q: Can the sale be delayed until children are older?

A: Yes. The court may defer the sale using a Mesher-style arrangement.

Q: What if there’s a mortgage or third-party interest?

A: The court will consider these interests and may join third parties to the proceedings.