Orders for sale: the creditor and the family home : part 2

Mark Pawlowski, James Brown

Research output: Contribution to journalArticlepeer-review


This, the second part of a two-part article on the discretionary powers of the courts to order a sale of the family home at the request of a secured creditor, continues the review begun in part one of common factors taken into account by the courts in post-1996 cases when balancing the interest of the creditor and debtor. Considers the availability of alternative accommodation, the health of the parties, the right to private and family life, the age of the parties, hardship a sale would cause other family members and delay on the part of the creditor in prosecution of proceedings to recover its debt.
Original languageEnglish
Pages (from-to)180-184
Number of pages5
JournalFamily Law
Publication statusPublished - 2012


  • orders for sale
  • family home
  • trust of land
  • chargees
  • s.15 of the Trusts of Land and Appointment of Trustees Act 1996


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