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

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

Pawlowski, Mark and Brown, James (2012) Orders for sale: the creditor and the family home: part one. Family Law, 42. pp. 64-68. ISSN 0014-7281

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Abstract

This, the first 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, considers whether the enactment of the Trusts of Land and Appointment of Trustees Act 1996 s.15 has led judicial decision making to favour the interests of the co-owner of the home. Reviews cases heard since the coming into force of the Act, looking at the factors taken into account when balancing the interests of the creditor and debtor, including the continued need to have a family home, the availability of other assets to pay off the debt, the size of the debt and the likelihood of repayment.

Item Type: Article
Uncontrolled Keywords: orders for sale, family home, trust of land, chargees, s.15 Trusts of Land and Appointment of Trustees Act 1996
Subjects: K Law > K Law (General)
Pre-2014 Departments: School of Humanities & Social Sciences
School of Humanities & Social Sciences > Department of Law & Criminology
School of Humanities & Social Sciences > Law & Criminology Research Group
Related URLs:
Last Modified: 14 Oct 2016 09:18
Selected for GREAT 2016: None
Selected for GREAT 2017: None
Selected for GREAT 2018: None
URI: http://gala.gre.ac.uk/id/eprint/7282

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