Re Holliday [1981]

Facts

  • Following their divorce, an ex-wife filed a bankruptcy petition against her ex-husband and applied for an order for the sale of the matrimonial home under section 30 of the Law of Property Act 1925

Issue

  • Could a sale be ordered?

Decision

  • Not immediately

Reasoning

  • A sale would be delayed until the ex-wife’s children reached the age of majority
  • This decision undermined the presumption of sale under the trusts for sale system, and was severely restricted in Re Citro [1991]
RELATED CASE  Lloyd v Dugdale [2002]

Posted in Land Law Revision Notes.

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