This is an interesting article by David Hodson on the case of BR v VT  EWHC 2727 (Fam) which examines the power of the court to make an interim order for sale for the family home with vacant possession. This is a power which family practitioners have been receiving mixed messages about for many years.
Justice Mostyn has helpfully provided some clarity and guidance in this case by confirming that there is power to make an order on an interim basis for the sale of property including the family home and power to order vacant possession of the family home (termination of home rights under s 33.3.5 Family Law Act 1996) only if the factors in s 33.6 have been fully taken into account and balanced. This power is irrespective of whether the claim is brought under TOLATA or the Married Women's Property Act.
In BR v VT  EWHC 2727 (Fam), published on Friday, Mostyn J has made an interim order for sale requiring vacant possession and interim distribution of the net proceeds. The facts have been fully set out in the weekend papers. A matrimonial home worth about £2.47m with colossal debts so that the remaining net proceeds were only about £100,000. These debts were a combination of mortgage, legal costs, tax bills and other liabilities. It was the husband who wanted the sale of the property and vacant possession. Although the court found that he was the one who had been primarily responsible for a number of these debts, nevertheless the order was made. The wife’s home rights, her right of occupation, was terminated.