- 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
- Could a sale be ordered?
- Not immediately
- 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