Facts
- A husband’s fraudulent obtaining of a mortgage led to a mortgagee seeking his jointly held family home to be sold
Issue
- Could the house be sold under a Trusts of Land and Appointment of Trustees Act 1996, s 14 order?
Decision
- Yes, but delayed for 5 years
Reasoning
- Unlike in Bank of Ireland Home Mortgages v Bell [2001], the debt owed was relatively small
- It was unlikely that the wife’s share would allow her to purchase suitable alternative accommodation
- By delaying the sale for 5 years, the youngest child of the family home would be able to securely reach the age of 18 (and complete his education)
- The mortgagee would not be kept out of money indefinitely
