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Family Court power to order interim sale and vacant possession of the family home: ​BR v VT [2015] EWHC 2727 (Fam)

Date:5 OCT 2015
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Family lawyer
Can the family court order the family home or indeed any other family property to be sold (with vacant possession given on sale) and the proceeds distributed on an interim basis before the final financial settlement? The power to make this order is often vitally needed at an interim stage by practitioners and their clients in circumstances where for example there are considerable debts it is known that the property will eventually be sold and perhaps one spouse is doggedly refusing to take a financially sensible and commercial approach.

Practitioners have experienced a 'yes you have this power no you don’t' over the years.

As long ago as 1992 in Barry [1992] 2 FLR 223 admittedly a case where the family home had already been sold the court made an order distributing the net proceeds on an interim basis. Then in Wicks (1998) 1 FLR 470 the family law profession was told this power to sell the family home and distribute the net proceeds does not exist specifically not obtaining interim vacant possession. The profession didn’t worry too much about...

Read the full article here.