TA v SB [2025] EWFC 61 (B)5 March 2025

HHJ Muzaffer. The only question the court was concerned with was what should happen to the jointly-owned FMH. However, this case illustrates the difficulties arising when one party lacks capacity to litigate and is dependent on the Official Solicitor, but where security for that party’s costs may not be readily available.

• Cases

• Sale of Property
• Housing Need
• Legal Aid
• Official Solicitor
• Capacity
• Litigation Friend

• Vivien Croly

What to Do Where One Spouse Will Not Co-operate with a Court-Ordered Sale?

The recently reported case of WZ v HZ [2024] EWFC 407 (B) (1 May 2024) provides guidance on how to manage the common occurrence of one spouse holding out in the family home despite an order for sale.

• Blog

• Sale of Property

• Rory Collett

!06/02/2025 08:00

IN v CH [2024] EWFC 2338 July 2024

Mr Stephen Trowell KC. The husband and wife made competing applications for an order for sale in respect of the matrimonial home and a yacht. The court found that the wife did not have a beneficial interest in the matrimonial home and ordered the property to be sold. The wife’s application to sell the yacht was unsuccessful as it belonged to a company, AB, who had not been joined to the proceedings.

• Cases

• Sale of Property
• Interim Relief
• Joinder of Third Parties
• Trusts

• Jasmine Knapman

The Husband v The Wife [2024] EWFC 64 (B)15 March 2024

HHJ Willans. Needs case involving impressive parties with strong and opposing views over what has happened and what constitutes a fair outcome.

• Cases

• Sale of Property
• Needs

• Kieran Ball

Aldoukhi v Abdullah [2023] EWHC 3438 (Fam)20 December 2023

Moor J. Claim for damages in relation to breach of a Part III MFPA 1984 order and TLATA order made in 2021.

• Cases

• Sale of Property
• TLATA Applications
• Financial Remedies Court (FRC)
• Damages
• Costs
• Delayed Sale
• Valuations
• Enforcement

• Isabella Thomas-Kelly

AFW v RFH [2023] EWFC 11920 July 2023

Recorder Laura Moys. Enforcement of order for sale and PSO.

• Cases

• Chattels
• Sale of Property
• Anonymity and Transparency
• Variation of an Order
• Delay
• Costs
• Variation Applications
• Valuations
• Enforcement
• Non-Compliance

• Helen Moizer

RA v KS [2023] EWFC 10223 June 2023

Recorder Allen KC. Determination of W’s application for an interim order for sale. At an earlier directions hearing following a private FDR, the judge raised whether there was jurisdiction to order vacant possession of the property under s 33 of the…

• Cases

• Sale of Property
• Interim Order For Sale

• Rebekah Batt