Orders for sale of property

The court may order the immediate sale of the property, upon which the parties will receive specified portions of the sale proceeds. This may be a preferable approach where it’s possible for the parties to achieve a clean break.  

An order for sale may be made as per section 24A of the Matrimonial Causes Act 1973 (MCA 1973), or the equivalent Civil Partnership Act 2004 provision. The order can be made if a legal services payment order, lump sum payment, periodical payment, or property adjustment order is also made. An order for sale can be made at the same time or any time afterwards. 

However, the court must pay regard to any third-party interests in the relevant property. Where a third party does have an interest, they can be joined to the proceedings.  

The court will consider several factors when deciding whether to order a sale, including: 

• Whether the property is needed for any children 

• If there are other options, such as the remaining party taking out a mortgage 

• The intentions of both parties 

• Whether both parties can find housing 

If the one party does not comply with the order, the other party can apply to the court for enforcement 

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. 

If you are considering or going through a divorce and are concerned about what might happen to your family home, contact Vardags today for a free initial consultation with one of our expert divorce solicitors.

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