Edwards v Edwards [2010]

Facts

  • A husband and wife divorced, and a mortgagee sought to have the matrimonial┬áhome sold where the wife┬áhad defaulted on payments of her mortgage loan

Issue

  • Could a sale be ordered under section 14 of the Trusts of Land and Appointment of Trustees Act (TOLATA) 1996?

Decision

  • Yes

Reasoning

  • The husband’s share (which was not mortgaged), would allow him to secure alternative accommodation, therefore the balancing exercise undertaking by a court following section 15 of TOLATA worked in favour of a sale being ordered
RELATED CASE  National Trust v White [1987]

Posted in Land Law Revision Notes.

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