Re Citro [1991]

Facts

  • Following Re Holliday [1981], the order for a sale of a house under section 30 of the Law of Property Act 1925 was postponed until children of the ex-matrimonial/family home reached the age of majority

Issue

  • Could this application be appealed by a trustee in bankruptcy?

Decision

  • Yes

Reasoning

  • The scope of Re Holliday [1981] was significantly restricted
  • Although a sale would be distressing for the non-bankrupt wife and her children, the hardship was not exceptional
  • Only in exceptional cases would an order for sale on the application of a trustee in bankruptcy be denied or delayed
  • Exceptional circumstances might include where a child with special needs lived in a specifically adapted home, but would not include (as an example) the presence of a child with special needs
RELATED CASE  Ferrishurst Ltd v Wallcite [1999]

Posted in Land Law Revision Notes.

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