Top Left Background Top Right Background
Bottom Right Background

Edwards v Edwards [2010]

Facts

  • 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

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
Goto Top
Close Notification

Recent News

Other News