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Edwards v Edwards [2010]


  • 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?


  • Yes


  • 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
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