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
• 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