Edwards v Edwards 
- A husband and wife divorced, and a mortgagee sought to have the matrimonial home sold where the wife had defaulted on payments of her mortgage loan
- Could a sale be ordered under section 14 of the Trusts of Land and Appointment of Trustees Act (TOLATA) 1996?
- 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
Posted in Land Law Revision Notes.
This page was last updated on 2nd April 2015